§ 231. Definitions As used in this chapter, unless the context requires a different meaning: "animal" includes every living creature except a human being; and "cruelty" or "torture" includes every act, omission, or neglect, whereby unjustifiable physical pain, suffering, or death is caused or permitted. § 232. Cruelty to animals generally; destruction of abandoned animals (a) Whoever: (1) overdrives, overloads, tortures, cruelly beats or unjustifiably injures, wounds, maims, mutilates, kills, or deprives of necessary food, drink, or shelter, or works when unfit for labor, a wild, tame, or domestic animal, whether belonging to himself or another person; or (2) being the owner or possessor, or having charge or custody, of a maimed, diseased, disabled, or infirm animal, abandons it or leaves it to die in a street, road, or other place shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both. (b) A police officer may lawfully destroy or cause to be destroyed any animal found abandoned and not properly cared for, if it appears, in the judgment of two reputable persons called by him to view the animal in his presence, that the animal is injured or diseased beyond recovery for any useful purpose. § 233. Poisoning animals Whoever willfully administers a poison to an animal, the property of another, or maliciously exposes a poisonous substance with the intent that it shall be taken or swallowed by the animal, shall be fined not more than $500 or imprisoned in the penitentiary not more than three years, or both. § 234. Instigating fights between animals Whoever: (1) sets on foot, instigates, promotes or carries on a fight between cocks or other birds, or a dog fight, bull fight, or fight between other animals; or (2) does any act as assistant, umpire or principal in furtherance of a fight between any such animals shall be fined not more than $50 or imprisoned in jail not more than 30 days, or both. § 235. Enforcement by humane society agent Any duly appointed agent of a regularly organized humane society in the Canal Zone, may be commissioned by the proper authorities of the Canal Zone as a special police officer for the enforcement of section 232 of this title and of any other law, regulation or order in force in the Canal Zone for the prevention of cruelty to animals, and when so commissioned shall be vested for that purpose with all the authority of a member of the police force. § 236. Killing of person by vicious animal Whoever, being the owner of a ferocious, vicious or mischievous animal and knowing its propensities, willfully suffers it to go at large, or keeps it without ordinary care, and the animal, while so at large, or while not kept with ordinary care, kills a human being who has taken all the precautions which the circumstances permitted, or which a reasonable person would ordinarily take in the same situation, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both. § 237. Injury to person by vicious animal Whoever, being the owner of a ferocious, vicious or mischievous animal and knowing its propensities, willfully suffers it to go at large, or keeps it without ordinary care, and the animal, while so at large, or while not kept with ordinary care, attacks, bites or maims a human being who has taken all the precautions which the circumstances permitted, or which a reasonable person would ordinarily take in the same situation, shall be fined not more than $500 or imprisoned in jail not more than one year, or both. § 238. Offenses regarding diseased animals generally Whoever, being the owner or having the custody of any cattle, horses, mules or asses infected with a contagious disease: (1) fails to report the same immediately to the health authorities; (2) conceals or attempts to conceal the existence of the disease; (3) willfully obstructs or resists the health authorities in the discharge of their duty as provided by law; or (4) sells, gives away or uses the meat or milk, or removes the skin or any part of the animal shall be fined not more than $300 or imprisoned in jail not more than one year, or both. § 239. Sale, use, exposure, or refusal to destroy diseased animal Whoever: (1) knowingly sells, offers for sale, uses, or exposes, or causes or procures to be sold, offered for sale, used, or exposed, a horse, mule, or other animal having the disease known as glanders, or other infectious or contagious disease; or (2) being the owner or having charge of such a diseased animal, omits or refuses, upon discovery or knowledge of its condition, to deprive it of its life shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both. § 240. Bringing in animals and violating quarantine Whoever, having brought into the Canal Zone cattle, horses, mules, or asses after the Governor has made proclamation holding such animals in quarantine for the purpose of inspection for infectious or contagious diseases: (1) allows any of them to leave the place of their first arrival in the Canal Zone before they have been examined by the health department and a certificate has been obtained there from that the animals are free from disease; or (2) permits any of them to run at large, to be removed, or to escape, before the certificate has been received shall be fined not more than $500. § 241. Receiving or transporting animal in violation of quarantine Whoever, after the publication of a proclamation as provided by section 240 of this title, knowingly receives or transports within the limits of the Canal Zone an animal mentioned in that section before the certificate mentioned therein has been given, shall be fined not more than $2,000. Sec. CHAPTER 9-ARRESTS, SEARCHES, AND SEIZURES 271. Malicious procurement of warrants. 272. Arrest, seizure, levy, or dispossession without authority. 273. Refusal by officer to make arrest. 274. Refusal to aid in arrest or in preventing offenses. 275. Delay in taking arrested person before magistrate. 276. Searches without warrant. § 271. Malicious procurement of warrants Whoever, maliciously and without probable cause, procures a search warrant or warrant of arrest to be issued and executed, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both. § 272. Arrest, seizure, levy, or dispossession without authority Whoever, being a public officer, and under pretense or color of process or other legal authority: (1) arrests a person or detains him against his will; (3) dispossesses a person of any lands or property without a regular process or other lawful authority therefor, shall be punished by a fine of not more than $1,000, or by imprisonment in jail for not more than one year or in the penitentiary for not more than three years, or by both such fine and imprisonment. § 273. Refusal by officer to make arrest Whoever, being a marshal, deputy marshal, constable, policeman or other peace officer, willfully refuses to execute a duly issued warrant for the arrest of a person charged with a criminal offense, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than three years, or both. § 274. Refusal to aid in arrest or in preventing offenses Whoever, being a male person over 18 years of age, neglects or refuses to aid and assist in: (1) taking or arresting a person against whom any process is issued; (2) retaking a person who, after being arrested or confined, may have escaped from the arrest or imprisonment; or (3) preventing a breach of the peace or the commission of a criminal offense after having been thereto lawfully required by a marshal, policeman, or other officer concerned in the administration of justice, shall be fined not more than $1,000. § 275. Delay in taking arrested person before magistrate Whoever, having arrested a person upon a criminal charge, willfully delays to take the person before a magistrate or other officer having jurisdiction to take his examination, shall be fined not more than $100 or imprisoned not more than 30 days, or both. § 276. Searches without warrant (a) Whoever, being an officer, agent, or employee of the United States or a department or agency thereof, engaged in the enforcement of any provision of this Code or of any law of the United States relating to or applicable to or within the Canal Zone: (1) searches a private dwelling, used and occupied as a private dwelling, without a warrant directing the search; or (2) maliciously and without reasonable cause, searches any other building or property without a search warrant— shall, for a first offense, be fined not more than $1,000; and, for a subsequent offense, be fined not more than $1,000 or imprisoned in jail not more than one year, or both. (b) Subsection (a) of this section does not apply to an officer or person: Bec. (1) authorized by law to search without a warrant; or (3) arresting or attempting to arrest a person committing or attempting to commit an offense in his presence, or who has committed, or is suspected on reasonable grounds of having committed, a felony; or (4) making a search at the request or invitation, or with the consent, of the occupant of the premises. 301. Definitions. CHAPTER 11-ARSON 302. Arson in the first degree. 303. Arson in the second degree § 301. Definitions As used in this chapter, unless the context requires a different meaning: "arson" means the willful and malicious burning of a building with intent to destroy it; "building" includes any house, edifice, structure, vehicle, vessel or other erection capable of affording shelter for human beings or appurtenant to or connected with an erection so adapted; "burns" or "burning" means the application of fire so as to take effect upon any part of the substance of the building, and does not necessarily mean that the building set on fire shall have been destroyed; "inhabited building" means a building which has usually been occupied by any person lodging therein at night; and "nighttime" means the period between sunset and sunrise. § 302. Arson in the first degree Whoever maliciously burns in the nighttime an inhabited building in which there is at the time a human being is guilty of arson in the first degree and shall be imprisoned in the penitentiary not less than 10 years. § 303. Arson in the second degree Whoever maliciously burns a building of another with intent to destroy it, under circumstances not amounting to arson in the first degree, is guilty of arson in the second degree, and shall be imprisoned in the penitentiary not more than 10 years. Sec. CHAPTER 13-ASSAULT AND BATTERY 331. Definition of assault; punishment. 332. Definition of battery; punishment. 333. Assault with caustic chemical. 334. Assault with deadly weapon. 335. Assault with intent to murder. 336. Administering poison. 337. Assaults with intent to commit certain felonies. 338. Assaults with intent to commit other felonies. 339. Administering stupefying agent to assist in commission of felony. § 331. Definition of assault; punishment (a) An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. (b) Whoever commits an assault shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both. § 332. Definition of battery; punishment (a) A battery is any willful and unlawful use of force or violence upon the person of another. (b) Whoever commits a battery shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both. § 333. Assault with caustic chemical Whoever willfully and maliciously places or throws, or causes to be placed or thrown, upon the person of another any vitriol, corrosive acid or caustic chemical of any nature with the intent to injure the flesh or disfigure the body of the person shall be imprisoned in the penitentiary not more than 14 years. § 334. Assault with deadly weapon Whoever commits an assault upon the person of another with a deadly weapon or instrument, or by any means of force likely to produce great bodily injury, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than 10 years, or both. § 335. Assault with intent to murder Whoever assaults another with intent to commit murder shall be imprisoned in the penitentiary not more than 20 years. § 336. Administering poison Whoever, with intent to kill, administers or causes or procures to be administered to another, any poison or other noxious or destructive substance or liquid, but by which death is not caused, shall be imprisoned in the penitentiary not more than 20 years. § 337. Assaults with intent to commit certain felonies Whoever assaults another with intent to commit rape, sodomy, mayhem, robbery or grand larceny, shall be imprisoned in the penitentiary not more than 14 years. § 338. Assaults with intent to commit other felonies Whoever assaults another with intent to commit a felony, other than murder and the felonies enumerated in section 337 of this title, shall be fined not more than $500 or imprisoned in the penitentiary not more than one year, or both. § 339. Administering stupefying agent to assist in commission of felony Whoever administers to another any chloroform, ether, laudanum or other narcotic anesthetic or intoxicating agent, with intent thereby to enable or assist himself or any other person to commit a felony, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both. Sec. CHAPTER 15-ATTEMPTS TO COMMIT OFFENSES GENERALLY 371. Penalties for attempts to commit offenses. 372. Prosecution for attempt although offense completed. 373. Commission of offense in unsuccessful attempt to commit another. § 371. Penalties for attempts to commit offenses (a) Whoever attempts to commit an offense, but fails or is prevented or intercepted in the perpetration thereof, if another provi sion is not made by law for the punishment of the attempt, is punishable as follows: (1) if the offense so attempted is one for which a maximum sentence is not fixed by law or for which the law provides for maximum sentence of life imprisonment or sentence of death, the |