1428. Opening or fraudulently obtaining telegraphic, cable or telephonic message of another Whoever, not being connected with a telegraph, cable or telephone office: (1) willfully opens a sealed envelope enclosing a telegraphic, cable or telephonic message and addressed to another person, without the authority or consent of the person to whom it is directed, and with the purpose of learning the contents of the message; or (2) fraudulently represents another person and thereby procures to be delivered to himself a telegraphic, cable or telephonic message addressed to the other person, with the intent to use, destroy or detain it from the person entitled to receive itshall be punished by a fine of not more than $5,000, or by imprisonment in jail for not more than one year or in the penitentiary for not more than five years, or by both such fine and imprisonment. CHAPTER 75-LIBEL Sec. 1461. Libel defined. 1462. Punishment for libel. 1463. Malice presumed. 1464. Truth and good motives as a defense. 1465. Publication defined. 1466. Liability of editors, proprietors and authors. 1467. True reports of public and official proceedings. 1468. Other privileged communications. 1469. Threatening to publish libel. 1470. Offer to prevent publication, with intent to extort. § 1461. Libel defined A libel is a malicious defamation, expressed either by writing, printing or by signs or pictures, or the like, tending to blacken the memory of one who is dead, or to impeach the honesty, integrity, virtue or reputation, or to publish the natural or alleged defects of one who is alíve, and thereby to expose him to public hatred, contempt or ridicule. § 1462. Punishment for libel Whoever willfully and with a malicious intent to injure another person publishes or procures to be published a libel shall be fined not more than $5,000 or imprisoned in the penitentiary not more than one year, or both. § 1463. Malice presumed An injurious publication is presumed to have been malicious if no justifiable motive for making it is shown. § 1464. Truth and good motives as a defense In criminal prosecutions for libel the truth may be given in evidence to the jury, and if it appears to the jury that the matter charged as libelous is true and was published with good motives and for justifiable ends the defendant shall be acquitted. § 1465. Publication defined To sustain a charge of publishing a libel, it is not required that the words or things complained of should have been read or seen by another. It is enough that the accused knowingly parted with the immediate custody of the libel under circumstances which exposed it to be read or seen by any other person than himself. § 1466. Liability of editors, proprietors and authors (a) Every author, editor or proprietor of a book, newspaper or serial publication and every manager of a partnership or incorporated association by which a book, newspaper or serial publication 88558 - 62 - 36 is issued, is chargeable with the publication of any matter contained therein. But in a prosecution for libel the defendant may show in his defense that the matter complained of was published without his knowledge or fault and against his wishes, by another who had no authority from him to make the publication and whose act was disavowed by him as soon as known. (b) The author of a libel in all cases is equally guilty and is subject to the same punishment as the publisher, owner or proprietor of the newspaper or other printed publication in which the libelous article appears. The punishment prescribed in section 1462 of this title is applicable to this section. § 1467. True reports of public and official proceedings (a) A prosecution for libel may not be maintained against a person, firm, or corporation, for the publication of a fair and true report of a judicial, legislative or other public and official proceedings, or for any heading of the report which is a fair and true headnote of the statement published. (b) Subsection (a) of this section does not apply to a libel contained in any other matter added by a person concerned in the publication; or in the report of anything said or done at the time and place of the public and official proceedings which was not a part thereof. § 1468. Other privileged communications A communication made to a person interested in the communication by one who was also interested, or who stood in such relation to the former as to afford a reasonable ground for supposing his motive innocent, is not presumed to be malicious and is a privileged communication. § 1469. Threatening to publish libel Whoever threatens another to publish a libel concerning him, or a parent, husband, wife or child of the person, or member of his family, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both. § 1470. Offer to prevent publication, with intent to extort Whoever offers to prevent the publication of a libel upon another person, with intent to extort money or other valuable consideration from any person, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both. Sec. CHAPTER 77—LOTTERIES AND GAMBLING SUBCHAPTER I-LOTTERIES 1501. "Lottery" and "lottery ticket" defined. 1502. Establishment or promotion of lottery. 1503. Selling tickets or being concerned in lottery as owner or agent. 1504. Publishing account of lottery. 1505. Causing tickets or advertisements to be brought in for distribution. 1506. Raffles or gift enterprises for charitable purposes. 1507. Proof upon trial for violation of lottery laws. SUBCHAPTER II-GAMBLING 1531. Conducting gambling game for percentage. 1532. Possessing or permitting maintenance of gambling device or game. 1533. Possessing or permitting maintenance of slot or other gambling machine. Subchapter I-Lotteries 81501. "Lottery" and "lottery ticket" defined As used in this chapter: "lottery" includes a lottery, policy-lottery, gift concert or similar enterprise of any description by whatever name, style or title it may be designated or known; and "lottery ticket" includes a lottery ticket, order or device of any kind, for or representing any number of shares or an interest in a lottery or scheme of chance. § 1502. Establishment or promotion of lottery Whoever: (1) establishes, sets on foot, maintains, carries on, makes, or draws a lottery, whether publicly or privately; or (2) by such means, exposes, sets aside, or offers for sale real or personal property, a certificate of claim, or anything of value or token thereof shall be fined not more than $1,000 or imprisoned in jail not more than one year, or both. § 1503. Selling tickets or being concerned in lottery as owner or agent Whoever : (1) vends, sells, barters, or disposes of a lottery ticket; or (2) is concerned in any manner in a lottery or scheme of chance by acting as owner or agent for or on behalf of a lottery or scheme of chance to be drawn, paid, or carried on, either outside or within the Canal Zone shall be fined not more than $1,000 or imprisoned in jail not more than one year, or both. § 1504. Publishing account of lottery Whoever, by printing, writing, or in any other way, publishes an account of a lottery or scheme of chance to be carried on, held, or drawn either outside or within the Canal Zone (1) stating when or where a lottery or scheme of chance is to be drawn for the prizes therein or any of them; (2) stating any information in relation to the drawing or prizes or any of them, the price of the ticket, show or chances therein, or where a ticket may be obtained; (3) in any way aiding or assisting in the lottery or scheme of chance; or (4) in any way giving publicity to the lottery or scheme of chance shall be fined not more than $1,000 or imprisoned in jail not more than one year, or both. § 1505. Causing tickets or advertisements to be brought in for distribution Whoever: (1) causes any papers, certificates or instruments purporting to be or to represent a ticket, chance, share, or interest in or dependent upon the event of a lottery or other enterprise offering prizes dependent upon lot or chance, to be brought into the Canal Zone from abroad for the purpose of depositing them in the Canal Zone or of disposing of them or having them disposed of therein; or (2) causes an advertisement of a lottery or other enterprise offering prizes dependent upon lot or chance to be brought into the Canal Zone or deposited or circulated therein— shall be fined not more than $1,000 or imprisoned in jail not more than one year, or both. § 1506. Raffles or gift enterprises for charitable purposes The Governor may issue a permit for conducting a raffle or gift enterprise whenever it appears to him after proper investigation that the gross proceeds of the enterprise are to be used for charitable purposes. When the permit has been issued by the Governor, sections 1501-1506 of this title do not apply to the raffle or gift enterprise it authorizes to be conducted. § 1507. Proof upon trial for violation of lottery laws Upon a trial for the violation of a provision of this subchapter, or other law for the suppression of lotteries, it is not necessary to prove: (1) the existence of a lottery in which a lottery ticket purports to have been issued; (2) the actual signing of a lottery ticket or share of a pretended lottery; or (3) that a lottery ticket, share or interest was signed or issued by the authority of a manager or person assuming to have authority as manager. Proof of the sale, furnishing, bartering or procuring of a ticket, share or interest therein, or of an instrument purporting to be a ticket, or part or share of any such ticket, is evidence that the share or interest was signed and issued according to the purport thereof. Subchapter II-Gambling § 1531. Conducting gambling game for percentage Whoever, either as owner, agent or employee, conducts or carries on, whether for gain or a chance for gain by deducting a percentage either of the profits or of the stake being hazarded, any game for money, checks, credit or other representative of value, shall be fined not more than $1,000 or imprisoned in jail not more than one year, or both. § 1532. Possessing or permitting maintenance of gambling de vice or game Whoever has in his possession or under his control, or permits to be placed, maintained or kept in a room, space, inclosure or building owned, leased or occupied by him, or under his control or management, a device or game on which money or other valuable thing is staked or hazarded and as a result the money or valuable thing may be won or lost, shall be fined not more than $1,000 or imprisoned in jail not more than one year, or both. § 1533. Possessing or permitting maintenance of slot or other gambling machine Whoever has in his possession or under his control, either as owner, agent, employee or otherwise, or permits to be placed, maintained or kept in any room, space, inclosure or building owned, leased or occupied by him, or under his management or control, a slot or card machine, contrivance, appliance or mechanical device, upon the result of action of which money or other valuable thing is staked or hazarded, and which is operated or played by placing or depositing therein coins, checks, slugs or other articles or device, or in any other manner, and by means whereof, or as a result of the operation of which, any merchandise, money, check, token or other representative or article of value, redeemable in or exchangeable for money or any other thing of value, is won or lost, shall be fined not more than $1,000 or imprisoned in jail not more than one year, or both. Sec. CHAPTER 79-MALICIOUS OR OTHER INJURY TO PROPERTY SUBCHAPTER I-MALICIOUS MISCHIEF GENERALLY 1561. Malicious injury to property generally. 1562. Willful injury to real property. 1563. Incendiarism. 1564. Injury to or destruction of fence. 1565. Injuring or tampering with vehicle, motorboat, launch or aircraft. 1566. Destruction of written instrument belonging to another. SUBCHAPTER II-INJURIES TO CANAL PROPERTY OR OTHER PUBLIC OR SEMI-PUBLIC PROPERTY 1591. Injury to or obstruction of Canal, locks, or dams. 1592. Injuring or obstructing communication, power, lighting, control, or signal lines, stations, or systems; hindering transmission. 1593. Destroying boundary or subaqueous cable markers. 1594. Injury to or removal of boundary or survey monuments. 1595. Injury to monuments, works of art, or trees. 1596. Breaking or obstructing gas or water pipes. 1597. Injuring water system or fire protection apparatus, etc.; misusing or wasting water. 1598. Taking water from or disturbing irrigation or other canals, etc. 1599. Injury to structures erected to create power or conduct or store water. 1600. Destroying or injuring places of confinement. 1601. Regulations governing placement of signs on lands or structures in Canal Zone; penalties for violation. 1602. Trespassing upon posted Government reservations; destruction or removal of signs. Subchapter I-Malicious Mischief Generally § 1561. Malicious injury to property generally Whoever maliciously injures or destroys any real or personal property not his own, in cases otherwise than such as are specified in this title, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both. The specification of the acts enumerated in the other sections of this subchapter and in sections 232, 233, 1106 and 1421 of this title does not restrict or qualify the interpretation of this section. § 1562. Willful injury to real property Whoever willfully commits a trespass by either: (1) cutting down, destroying or injuring any kind of wood or timber standing or growing upon the lands of another, or upon public lands; (2) carrying away any kind of wood or timber lying on such lands; (3) maliciously injuring or destroying standing crops, fruits, or vegetables, the property of another, in any case for which a punishment is not otherwise prescribed by this title; (4) digging, taking or carrying away from any lot without the license of the owner or legal occupant thereof, earth, soil or stone; (5) digging, taking or carrying away from any land recognized or established as a street, alley, avenue or park, without the license of the proper authorities, earth, soil or stone; or (6) putting up, affixing, fastening, printing or painting upon the property of any person, without license from the owner, a notice, advertisement, or designation of, or any name for any commodity, whether for sale or otherwise, or a picture, sign or device intended to call attention thereto shall be fined not more than $100 or imprisoned in jail for not more than 30 days, or both. |