[STATE] Notice to all Law Enforcement Agencies and Citizens on the Obstruction of Public Servants Act

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Office of Secretary of State

Office #2313 San Andreas State Capitol Building, Los Santos, San Andreas

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Citizen of San Andreas,

 

In the absence of the Attorney General it has been made my office's priority to make the public and all relevant institutions aware of the recent amendment to the San Andreas Penal Code's 112 (Obstruction of Public Duty), which has been recently signed into law by Governor Brandt. 

 

As specified in the Obstruction of Public Servant Act Section II (a), the legislature declared the following;

 

 

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(a) The obstruction offense in PC. 112 currently does not differentiate between classes of
the prohibited conduct. Some minor obstruction might attract, under the current version, a

felony when the conduct does not necessarily warrant it. The first intent of the legislature in
enacting these provisions is to split PC. 112 into classes, setting out the prohibited conduct
for each class.

 

In order to address the issue, the legislature has split PC. 112 into three separate provisions for sentencing purposes. Sections V - VII of the Obstruction of Public Servant Act describes these provisions as Obstruction in Class A (Felony), Obstruction in Class B (Felony), and Obstruction in Class C (Felony).

 

The following advisory notes are included to assist Law Enforcement Agencies with recommendations on how to arrest and prosecute individuals under these provisions;

 

Examples of Obstruction in Class A (Felony) 

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1. Intentionally impeding, by hitting or discharging a firearm at, an officer who is
rendering aid to another officer, provided the intent of the accused in interfering
with that aid was to cause that other officer to die.

 

2. Intentionally impeding, by hitting, a paramedic who is providing medical care or
transportation to a patient, provided that the intent of the accused was to cause that
patient to die, or to worsen their condition such that they suffer a disability (i.e.
grievous bodily harm). 

 

 

 

Examples of Obstruction in Class B (Felony) 

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1. Intentionally lying to an officer about having taken vehicle which was reported
stolen, or the location of that stolen vehicle, if the value of that vehicle exceeds
$50,000 — if it does not, it is only a Class C offense — provided the intent of the
accused was to conceal the fact that they stole it and do something with the vehicle.

 

2. Intentionally lying to an officer about having chopped a stolen vehicle, if the
value of that vehicle exceeds $50,000 — if it does not, it is only a Class C offense
— provided the intent of the accused was to evade detection and liability, or to aid

and abet a principal in causing the loss of greater than $50,000.

 

3. Intentionally impeding, by hitting or blocking (e.g. with a vehicle), an officer who is

rendering aid to another officer or any other person, provided the intent of the accused

was to cause some bodily harm, though not amounting to a disability, to that other

officer or other person.  If the harm was serious enough to amount to a disability, even if

just a temporary one, the offense is in Class A.

 

 

 

Examples of Obstruction in Class C (Misdemeanor) 

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1.  Intentionally impeding an officer, by hitting, who is protecting property during a
riot, provided the intent of the accused was to continue subverting the public
order by subverting its restoration.

 

2.  A person charged through the first example can be charged with a second count if
they also cause damage to the property being protected and that damage amounted to
no more than $50,000. However, if it amounted to more than $50,000, their offense
is to be sentenced as a Class B felony and is no longer in Class C.

3.  Intentionally lying to an officer about the identity of another provided the intent is
to interfere with the recovery of stolen property (i.e. subverting public order). Here,
they are not charged for causing the loss if their lie was only to aid and abet
principal. But if they did cause the loss and their lie was to conceal the fact that they
stole the property, they can also be charged under this class for causing some loss 
provided the value of the property is less than $50,000; and if it exceeds, their
offense is upgraded to a Class B felony.

4.  Intentionally misleading an officer about the whereabouts of an escaped prisoner,
provided the intent of the accused was to aid that prisoner, thereby subverting the
public order.

 

5.  Intentionally lying to an officer about some detail in witnessing a crime, provided
the intent of the accused was to prevent the apprehension and subsequent prosecution
of some offender.

 

6.  Threatening a person or witness who has made a 9-1-1 report, or, otherwise,
some other misconduct report to some agency or department, if the intent of the
accused was to prevent that reporter or witness from cooperating with an
investigator, and thereby prevent the apprehension and subsequent prosecution of
some offender. If it turns out that the intent of the accused was to cause debilitating
psychological harm to the reporter or witness, and that reporter or witness did in
fact suffer such harm which interfered with their ability to lead a normal life, the
offense is upgraded to a Class A felony. If the accused had both intents, they are
charged with two counts and sentenced for both accounts, in their respective classes,
accordingly.

 

 

 

 

Guillermo Perez

San Andreas Secretary of State