(6)1 Definitions

(6)1 Definitions

This chapter provides definitions for Title 6 of the San Andreas Law.

(6)1.1 Person

“Person” means a natural human being.

Organizations, corporations, and other legal entities may be considered a “person” for offenses that expressly permit or impose corporate criminal liability.

(6)1.2 Willfully

“Willfully” means that an act was performed intentionally, knowingly, or with a conscious objective to engage in the conduct, or with awareness that the conduct is of the nature prohibited by law.

Mere mistake, accident, negligence, or inadvertence does not constitute acting willfully.

(6)1.3 Exceptional

“Exceptional” means circumstances that are unusual, extraordinary, or significantly outside the typical range of situations contemplated by the statute, and which justify departure from the standard rule or penalty. Routine, foreseeable, or commonly occurring circumstances are not exceptional.

(6)1.4 Negligence

“Negligence” means that a person should be aware of a substantial and unjustifiable risk that a particular result will occur or that a circumstance exists, and fails to perceive such risk.

The failure to perceive the risk must constitute a gross deviation from the standard of care that a reasonable person would exercise in the same situation.

(6)1.5 Premeditation

“Premeditation” means that the actor formed the specific intent to commit the act prior to its commission, and possessed a period of deliberation or reflection—however short—during which the actor was capable of evaluating the decision to act.

Premeditation does not require an extended period of planning, preparation, or forethought.

(6)1.6 Terrorism

“Terrorism” means the use or threatened use of force, violence, or sabotage against persons, property, or critical infrastructure, with the intent to intimidate or coerce a civilian population or influence government policy or conduct.

(6)1.7 Criminal Organization / Criminal Enterprise

“Criminal Organization” or “Criminal Enterprise” means any group of four or more persons, whether formal or informal, associated in fact, that functions as a continuing unit and whose members coordinate, direct, or participate in conduct with the common purpose of engaging in, facilitating, or benefiting from criminal activity.

The term includes, but is not limited to:

1. Street gangs, prison gangs, or neighborhood-based groups;
2. Organized crime groups, including mafia-style, cartel-style, or syndicate-type organizations;
3. Networks or associations lacking formal structure, hierarchy, name, or written documentation;
4. Any organization existing in whole or in part for a criminal purpose, regardless of whether it also engages in lawful activity.

An organization may constitute a criminal organization regardless of permanence, geographic location, level of organization, or whether its existence is documented, provided it meets the requirements of this subsection.

(6)1.8 Intimidate

“Intimidate” means to engage in conduct that intentionally places another person in fear of injury, harm, or adverse consequences, whether to their person, property, rights, or safety, and includes threats, menacing behavior, or actions reasonably expected to compel another to act or refrain from acting.

(6)1.9 Official Proceeding

“Official proceeding” means any proceeding, hearing, trial, investigation, or inquiry that is conducted before, or authorized by, a court, judge, magistrate, grand jury, legislative body, administrative agency, law enforcement agency, or other governmental authority, in which evidence may be received or considered under law.

(6)1.10 Disqualified

“Disqualified” means rendered ineligible, prohibited, or barred from a specified status, right, privilege, activity, or benefit by operation of law, court order, administrative rule, or the terms of a sentence, conviction, or legal proceeding.