§ 45. Persons capable of committing crimes (a) All persons are capable of committing crimes except: (1) children under the age of seven years; (2) children over the age of seven years but under the age of fourteen years, in the absence of clear proof that at the time of committing the act charged against them they knew its wrongfulness; (3) idiots; (4) insane persons; but a morbid propensity to commit prohibited acts, existing in the mind of a person who is not shown to have been incapable of knowing the wrongfulness of such acts, is not a defense to a prosecution therefor; (5) persons who committed the act or made the omission charged through ignorance or mistake of fact, which disproved criminal intent; (6) persons who committed the act charged without being conscious thereof; (7) persons who committed the act or made the omission charged through misfortune or by accident, when it appears that there was no evil design, intention, or culpable negligence: (8) if the act committed were intended to be against a person other than the one actually injured, the person committing the offense is answerable as though it were committed against the person intended; (9) married women, except for felonies, acting under the threats, command, or coercion of their husbands; and (10) unless the crime is punishable with death, persons who committed the act or made the omission charged under threats or menaces sufficient to show that they had reasonable cause to, and did believe their lives would be endangered if they refused. (b) In cases of felonies, a wife is not excused from punishment by reason of her subjection to the power of her husband, unless the facts proved show a case of duress. § 46. Omission to perform act performed by another A person is not punishable for an omission to perform an act where the act has been performed by another person acting in his behalf and competent by law to perform it. § 47. Intoxicated persons; consideration in determining intent An act committed by a person while in a state of voluntary intoxication is not less criminal by reason of his having been in that condition; but whenever the actual existence of a particular purpose, motive, or intent is a necessary element to constitute a particular species or degree of crime, the court or jury may take into consideration the fact that the accused was intoxicated at the time in determining the purpose, motive, or intent with which he committed the act. Subchapter IV-Resistance to Commission of Crime § 71. Resistance by party about to be injured A person about to be injured may make resistance sufficient to pre vent: (1) an illegal attempt by force to take or injure property in his lawful possession; or (2) an offense against his person or his family or a member thereof. 872. Person aiding another about to be injured A person, in aid or defense of a person about to be injured, may make resistance sufficient to prevent the offense. § 73. Extent of right of self-defense The right of self-defense does not extend to the infliction of more harm than is necessary for the purpose of defense. Subchapter V-Sentence and Punishment Article A-General Provisions § 91. Persons subject to prosecution and punishment (a) A person is liable to punishment under the laws of the Canal Zone, or under the laws of the United States applicable to the Canal Zone, for an offense committed by him within the Canal Zone. (b) The following persons are liable to prosecution and punish ment: (1) persons who commit, in whole or in part, a crime within the jurisdiction of the courts; (2) persons who commit an offense outside the Canal Zone which, if committed within the Canal Zone, would be larceny, robbery, or embezzlement under the laws of the Canal Zone, and bring the property stolen or embezzled, or any part of it, or are found with it, or any part of it, within the Canal Zone; and (3) persons who, being beyond the jurisdiction of the courts, cause or aid, advise or encourage another person to commit a crime within the Canal Zone and are afterwards found therein. § 92. Penalties where penalties not otherwise prescribed (a) Unless a different punishment is prescribed by law: (1) a felony is punishable by a fine of not more than $5,000, or by imprisonment in the penitentiary for not more than five years, or by both; and (2) a misdemeanor is punishable by a fine of not more than $100, or by imprisonment in jail for not more than 30 days, or by both. (b) When an act or omission is declared by this Code or other law to be a public offense, and a penalty for the offense is not prescribed by this Code or other law, the act or omission is punishable as a misde meanor. § 93. Offense made punishable in different ways; double jeopardy An act or omission which is made punishable in different ways by different provisions of this title may be punished under either of the provisions but not under more than one; and an acquittal or conviction and sentence under either one bars a prosecution for the same act or omission under any other provision. 894. Duty to determine and impose punishment The sections of this title or any other title of this Code, or of any other law relating or applicable to the Canal Zone, which declare certain crimes to be punishable as therein provided, devolve a duty upon the court authorized to pass sentence to determine and impose the punishment prescribed. § 95. Punishment within limits prescribed When, in this title or any other title of this Code, or in any other law relating or applicable to the Canal Zone, the punishment for a crime is left undetermined between certain limits, the punishment to be inflicted in a particular case shall be determined by the court authorized to pass sentence within the limits so prescribed. § 96. Punishment where only minimum term prescribed When a person is declared punishable for a crime by imprisonment in the penitentiary for a term not less than a specified number of years, and a limit to the duration of the imprisonment is not declared, punishment of the offender shall be imprisonment for any number of years not less than that prescribed. Article B Subsequent Offenses; Habitual Criminals § 111. Punishment for offenses committed after conviction of prior penitentiary offense Whoever, having been convicted of an offense punishable by imprisonment in the penitentiary, commits a crime after his conviction, is punishable there for as follows: (1) if the subsequent offense is such that, upon a first conviction, an offender would be punishable by imprisonment in the penitentiary for any term exceeding five years, he is punishable by imprisonment in the penitentiary for not less than ten years; (2) if the subsequent offense is such that, upon a first conviction, the offender would be punishable by imprisonment in the penitentiary for five years, or any less term, he is punishable by imprisonment in the penitentiary for not more than ten years; (3) if the subsequent conviction is for petit larceny, or an attempt to commit an offense which, if committed, would be punishable by imprisonment in the penitentiary for not more than five years, he is punishable by imprisonment in the penitentiary for not more than five years. § 112. Punishment for petit larceny or attempts to commit offenses, after prior conviction of petit larceny (a) Whoever, having been convicted of petit larceny, is subsequently convicted of petit larceny, shall be imprisoned in the penitentiary not more than five years. (b) Whoever, having been convicted of petit larceny, is subsequently convicted for an attempt to commit an offense which, if perpetrated, would be punishable by imprisonment in the penitentiary for not more than five years, shall be imprisoned in the penitentiary not more than five years. If the subsequent offense, which he is convicted of attempting to commit, would be punishable, if perpetrated, by imprisonment in the penitentiary for more than five years, he shall be imprisoned in the penitentiary for a term not in excess of the maximum sentence he could receive upon conviction of the offense attempted. § 113. Punishment of habitual criminals Whoever, after having been twice convicted of offenses under the laws of the Canal Zone, or of the United States, or of any other jurisdiction, both of which are felonies in the Canal Zone, commits a felony within the Canal Zone, other than a felony for which the punishment is death or life imprisonment, shall, upon proof of his prior convictions, and of the sentences and committals in connection therewith, be imprisoned in the penitentiary for a term of not less than 10 years, and the maximum thereof shall be the remainder of his natural life. § 114. Effect of pardon If a person, liable to sentence as a habitual criminal pursuant to section 113 of this title, shows to the satisfaction of the court that he was released from imprisonment upon a former sentence upon a pardon granted on the grounds of innocence, that conviction, sentence and committal may not be considered against him. Subchapter VI—Miscellaneous Provisions § 131. Arrest only for offenses declared in Code; exceptions A person may not be arrested for an offense unless the offense is expressly declared in this Code, except for: (1) offenses against laws of the United States applicable to the Canal Zone; (2) offenses against laws hereafter enacted by the Congress of the United States for the Canal Zone; and (3) violations of rules and regulations authorized by law to be promulgated and for the violation of which punishment is prescribed by law. § 132. Civil liability for offenses; effect of this title The omission to specify or affirm in this title any liability to damages, penalty, forfeiture, or other remedy imposed by law, and allowed to be recovered or enforced in a civil action or proceeding, for any act or omission declared punishable herein, does not affect any right to recover or enforce it. § 133. Forfeiture of property upon conviction Except in a case in which a forfeiture is expressly imposed by law, a conviction of a person for an offense does not work a forfeiture of property. § 134. Forfeiture of public office upon conviction The omission to specify or affirm in this title a ground of forfeiture of a public office, or other trust or special authority conferred by law, or a power conferred by law to impeach, remove, depose, or suspend a public officer or other person holding a trust, appointment or other special authority conferred by law, does not affect the forfeiture or power, or a proceeding authorized by law to carry into effect his impeachment, removal, deposition, or suspension. § 135. Evaluation of property in determining grade of offense When in this title the character or grade of an offense or its punishment is made to depend upon the value of the property, the value shall be estimated exclusively in lawful money of the United States. § 136. Preservation of powers of courts-martial and others This title does not affect any power which is conferred by law upon a court-martial, military authority or other officer, or upon a public body, tribunal, or officer, to impose or inflict punishment upon offenders. § 137. Offenses involving sending of letters In the various cases in which the sending of a letter is made criminal by this title, the offense is deemed complete from the time when the letter is deposited in a post office or other place, or delivered to a person, with intent that it shall be forwarded or delivered. Sec. CHAPTER 3-ABORTION AND CONTRACEPTION 171. Acts with intent to produce miscarriage. 172. Soliciting or submitting to use of abortifacient. 173. Advertisements relating to abortion or contraception. 174. Corroboration of testimony of woman. § 171. Acts with intent to produce miscarriage Whoever, with intent thereby to procure the miscarriage of a woman, unless the miscarriage is necessary to preserve the life of the woman: (1) provides, supplies or administers to the woman, or procures her to take, any medicine, drug, or substance; or (2) uses or employs an instrument or other means— shall be imprisoned in the penitentiary not more than five years. § 172. Soliciting or submitting to use of abortifacient A woman who, with intent thereby to procure a miscarriage, unless the miscarriage is necessary to preserve her life: (1) solicits of a person any medicine, drug, or substance, and takes it; or (2) submits to an operation, or to the use of any means what ever shall be imprisoned in the penitentiary not more than five years. (1) willfully writes, composes or publishes a notice or advertisement of a medicine or means for producing or facilitating a miscarriage or abortion, or for the prevention of conception; or (2) offers his services by a notice, advertisement or otherwise to assist in the accomplishment of any such purposeshall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both. § 174. Corroboration of testimony of woman Upon a trial for procuring or attempting to procure an abortion, or aiding or assisting therein, the defendant may not be convicted upon the testimony of the woman upon or with whom the offense was committed, unless her testimony is corroborated by other evidence. Sec. CHAPTER 5—ADULTERY 201. Punishment for adultery. 202. Corroboration of testimony of other person. §201. Punishment for adultery Whoever: (1) being married, voluntarily has sexual intercourse with a person other than his or her spouse; or (2) being unmarried, voluntarily has sexual intercourse with a married person— shall be fined not more than $200 or imprisoned in jail not more than one year, or both. § 202. Corroboration of testimony of other person A conviction pursuant to section 201 of this title can not be had on the uncorroborated testimony of the person with whom the offense is charged to have been committed. Sec. 231. Definitions. CHAPTER 7-ANIMALS 232. Cruelty to animals generally; destruction of abandoned animals. 233. Poisoning animals. 234. Instigating fights between animals. 235. Enforcement by humane society agent. 236. Killing of person by vicious animal. 237. Injury to person by vicious animal. 238. Offenses regarding diseased animals generally. 239. Sale, use, exposure, or refusal to destroy diseased animal. 240. Bringing in animals and violating quarantine. 241. Receiving or transporting animal in violation of quarantine. |