THE PENAL CODE. CHAPTER 676, LAWS OF 1881. AS AMENDED BY LAWS OF 1882, 1883, 1884, 1885, 1886, 1887, 1888, 1889, 1890, 1891, 1892, 1893, 1894, 1895, 1896, 1897, 1898, 1899, 1900 and 1901. AN ACT to establish a Penal Code. The People of the State of New York, represented in Senate and Assembly, do enact as follows : PRELIMINARY PROVISIONS. SEC. 1. Title of Code. 2. Its effect. 3. Definition of "crime." 4. Division of crimes. 5. Definition of felony. 6. Definition of misdemeanor. 7. Objects of the Penal Code. 8. Procedure, how regulated. 9. Conviction must precede punishment. 10. Jury to find degree of crime. 11. General rules of construction of this act. 12. Of sections declaring crimes punishable. 13. Punishments, how determined. 14. Punishment of felonies when not fixed by statute 15. Id.; of misdemeanors. SECTION 1. Title of Code. - This act shall be known as the Penal Code of the State of New York. People v. Jaehne, 103 N. Y. 193; S. C., 4 N. Y. Cr. 479; Matter of Hallenbeck, 65 How. 401; S. C., 1 N. Y. Cr. 437, note; People v. Richards, 108 N. Y. 144; People v. Stevens, 109 id. 162; People v. Rugg, 98 id. 551; Fitzgerald v. Quann, 109 id. 445; People v. Palmer, id. 110; People v. McTameney, 30 Hun, 506; S. C., 13 Abb. N. C 56; 66 How. 75; People, ex rel. Pells, v. Supervisors, 65 N. Y. 305; People v. O'Brien, 111 id. 1. § 2. When and how far Code takes effect. -No act or omission begun after the beginning of the day on which this Code takes effect as a law, shall be deemed criminal or punishable, except as prescribed or authorized by this Code, or by some statute of this state not repealed by it. Any act or omission begun prior to that day may be inquired of, prosecuted and punished in the same manner as if this Code had not been passed. Matter of Hallenbeck, 65 How. 401; People v. Beckwith, 108 N. Y. 72; S. C., 7 N. Y. Cr. 146; Darrow v. Family Fund Society, 116 id. 542; S. C., 27 N. Y. State Rep'r, 476; 42 Hun, 249; People v. Raymond, 32 id. 123; People v. Sadler, 97 N. Y. 146; S. C., 3 N. Y. Cr. 474; Jaehnev. People, 6 id. 237; People v. Mortimer, 46 Cal. 114; People v. O'Neil, 109 N. Y. 261; People v. Bernardo, 1 N. Y. Cr. 245; People v. Moran, 54 Hun, 279; S. C., 7 N. Ý. Cr. 329; People, ex rel. McDonald, 99 N. 1. 474; S. C., 2 N. Y. Cr. 108; 32 Hun, 589. § 3. Definition of "crime." - A crime is an act or omission forbid den by law, and punishable upon conviction by 1. Death; or 2. Imprisonment; or 3. Fine; or 4. Removal from office; or 5. Disqualification to hold any office of trust, honor, or profit un. der the state; or 6. Other penal discipline. Malice when not an ingredient of prohibited act. People v. Reid, 47 Barb. 235. Acting under orders. People v. Melius, 1 N. Y. Cr. 39. Power to make crime. People v. Hislop, 77 N. Y. 335; People v. Gillson, 109 id. 406; People v. West, 106 id. 295; Lawton v. Steele, 119 id. 233. What is crime. People, ex rel. Kopp, v. French, 102 N. Y. 583; S. C., 4 N. Y. Cr. 447, aff'g id. 300; S. C., 39 Hun, 507; People v. Barber, 48 id. 198; People, ex rel. Hislop, v. Cowles, 16 id. 577; affd, 77 N. Y. 331; People v. Stevens, 13 Wend. 341; People v. Smith, 5 Cow. 258; People v. Stevens, 109 N. Y. 159; S. C., 14 N.Y. State Rep'r, 809. Infamous crime. People v. Parr, 42 Hun, 313; United States v. Wynn, 9 Fed. Rep'r, 886; Matter of Wilson, 114 U. S. 417; Matter of McCluskey, 13 Cr. L. M. 210. Intent. People v. Burton, 1 N. Y. Cr. 297; 16 W. Dig. 195; Hamilton v. People, 57 Barb. 625; Morris v. People, 3 Denio, 381; People v. Reed, 47 Barb. 235; People v. Adams, 16 Hun, 549: 9 Crim. L. M. 139; People v. Hale, 1 N. Y Cr. 533; People v. Hays, 1 Hill, 551; People v. Terrell, 33 N. Y. State Rep'r, 368; People v. Sullivan, 4 N. Y. Cr. 197. Malice. People v. Reed, 47 Barb. 235. See McCord v. People, 46 N. Y. 473; Calgan v. Wilson, 127 U. S. 540; Mayor, etc., v. Eisler, 2 N. Y. C. P. 125. § 4. Division of crimes. - A crime is either 1. A felony; or 2. A misdemeanor. People v. Lyon, 99 N. Y. 219. § 5. Definition of felony.-A felony is a crime which is or may be punishable by either 1. Death; or 2. Imprisonment in a state prison. Where power to imprison in state prison is discretionary, offense felony. People v. Van Steenburgh, 1 Park. 39; People v. Borges, 6 Abb. Pr. 132. See People v. Johnson, 46 id. 670; Benedict v. Williams, 48 id. 125; People v. Lyon, 99 N. Y. 219; S. C., 3 N. Y. Cr. 166; People v. Bork, 91 N. Y. 5; People v. Park, 41 id. 21; People v. Cole, 2 N. Y. Cr. 108; People v. Terrell, 33 N. Y. State Rep'r, 368; People v Dewey, id. 427; People v. Johnson, 110 N. Y. 141; Smith v. State, 33 Me. 48; S. C., 54 Am. Dec. 607. § 6. Definition of misdemeanor.-Any other crime is a misde meanor. People v. Lyon, 1 N. Y. Cr. 400; S. C., N. Y. 219; People, ex rel. Devoe, v. Kelly, 97 id. 212; S. C., 2 N. Y. Cr. 432; 32 Hun, 536; People v. Faber, 92 N. Y. 149; People v. Finn, 26 Hun, 60; People v. Bogart, 3 Abb. 193. § 7. Objects of the Penal Code. - This Code specifies the classes of persons who are deemed capable of crimes, and liable to punishment therefor; defines the nature of the various crimes; and prescribes the kind and measure of punishment to be inflicted for each. Matter of Hallenbeck, 65 How. 401; People v. Jashne, 198 N. Y. 193; People v. McTameney, 30 Hun, 506; 1 N. Y. Cr. 437; 13 Abb. N. C. 58; 66 How. 70. § 8. Procedure, how regulated. The manner of prosecuting and convicting criminals is regulated by the Code of Criminal Procedure. [CH. 442 of 1881.] Matter of McDonald, 32 Hun, 589, n.; People v. Beckwith, 108 N. Y. 73. § 9. Conviction must precede punishment. -The punishments prescribed by this Code can be inflicted only upon a legal conviction in a court having jurisdiction. See $ 3, Code Cr. Proc.; Art. 1, § 1, N. Y. Const.; Davis v. Am. Soc., etc., 75 N. Y. 362. When a penalty excludes punishment. People v. Hislop, 77 N. Y.331; Ex parte Janes, 30 How. Pr. 446. Increased punishment for locality. Ex parte Bayard, 25 Hun, 546, rev'g 61 How. Pr. 294. See Ex parte Coughlin, 62 id. 34; Ex parte Trimble, id. 61. Lawful act of one cannot be made prima facie evidence of another's guilt. People v. Lyon, 27 Hun, 180. Upon legal conviction. Matter of McDonald, 32 Hun, 589; 2 N. Y. Cr. 107, 140; Blaufus v. People, 69 N. Y. 107; Marion v. State, 16 Neb. 349. Void sentence. People v. Bork, 96 N. Y. 188. Jurisdiction. People v. Marra, 4 Ν. Y. Cr. 304. § 10. Jury to find degree of crime. - Whenever a crime is distinguished into degrees, the jury, if they convict the prisoner, must find the degree of the crime, of which he is guilty. Code Cr. Proc., § 444; People v. Kelly, 35 Hun, 295; People v. Rugg, 98 N. Y. 537; S. C., 3 N. Y. Cr. 172. See §§ 35, 436, 437, post. Verdict. See §§ 436-438, 440, 35, post; McNevins v. People, 61 Barb. 307. § 11. General rules of construction of this act. The rule that a penal statute is to be strictly construed does not apply to this Code or any of the provisions thereof, but all such provisions must be construed according to the fair import of their terms, to promote justice and effect the objects of the law. "Felonious intent" construed. People v. Moore, 37 Hun, 84. See People v. Kerin, 39 id. 631; People v. McTameney, 30 id. 506; 13 Abb. N. C. 56; 66 How. 70; 1 N. Y. Cr. 437; Matter of Hallenbeck, 65 How. 402; People, 'ex rel. Devoe, v. Kelly, 32 Hun, 540; S. C., 97 N.Y. 215; People v. Palmer, 43 Hun, 408; 17 W. Dig. 492; People v. Whedon, 2 N. Y. Cr. 318; People v. Bauer, 37 Hun, 408; Cowley v. People, 83 N. Y. 468; People v. Richards, 108 id. 139; Fitzgerald v. Quann, 109 id. 441; People v. Palmer, id. 117. § 12. Of sections declaring crimes punishable. The several sections of this code which delare certain crimes to be punishable as therein mentioned devolve a duty upon the court authorized to pass sentence to determine and impose the punishment prescribed; but such court may in its discretion suspend sentence, during the good behavior of the person convicted, where the maximum term of imprisonment prescribed by law does not exceed ten years and such person has never before been convicted of a felony. [AMD. BY CH. 279 of 1893.] See §§ 471 et seq. of Code Cr. Proc.; People v. Bauer, 37 Hun, 407; S. C., 3 N. Y. Cr. 433. §13. Punishments, how determined. - Whenever in this Code the punishment for a crime is left undetermined between certain limits, the punishment to be inflicted in a particular case must be determined by the court authorized to pass sentence, within such limits as may be prescribed by this Code. In all cases where a corporation is convicted of an offense for the commission of which a natural person would be punishable with imprisonment, as for a felony, such corporation is punishable by a fine of not more than five thousand dollars. People v. Bauer, 37 Hun, 407; S. C., 3 N. Y. Cr. 433. § 14. Punishment of felonies when not fixed by statute. - A per son convicted of a crime declared to be a felony, for which no other punishment is specially prescribed by this Code, or by any other statutory provision in force at the time of the conviction and sentence, is punishable by imprisonment for not more than seven years, or by a fine of not more than one thousand dollars, or by both. § 15. Punishment of misdemeanors. - A person convicted of a crime declared to be a misdemeanor, for which no other punishment is specially prescribed by this Code, or by any other statutory provision in force at the time of the conviction and sentence, is punishable by imprisonment in a penitentiary, or county jail, for not more than one year, or by a fine of not more than five hundred dollars, or by both. See § 706, post. Applicable. People v. McTameney, 30 Hun, 508; S. C., 13 Abb N. С. 56; 1 N. Y. Cr. 437; 66 How. 75; Matter of Hallenbeck, 65 id. 501; Loos v. Wilkinson, 51 Hun, 85; Foote v. People, 56 N. Y. 321; People v. Palmer, 43 Hun, 408; 5 N. Y. Cr. 107. Not applicable. People v. Sadler, 3 N Y. Cr. 474. Special Sessions. People v. Riseley, 38 Hun, 280; People v. Carter, 48 id. 165; People v. Palmer, 43 id. 408; 5 N. Y. Cr. 107; Clark v. Holderidge, 58 Barb. 61; Burns v. Norton, 35 N. Y. State Rep'r, 416. See § 717, Code Cr. Proc. See 2 City Ct. 403, note, TITLE I. Persons Punishable for Crime. Suc. 16. What persons are punishable criminally. 17. Presumption of responsibility in general. 19. Id., as to child of seven years or more. 20, 21. Irresponsibility, etc., of idiot, lunatic, etc. 22. Intoxicated persons. 23. Morbid criminal propensity. 24. Rule as to married woman. 25. Rule as to persons acting under threats, etc. 26. Id., when act done in defense of self or another. 27. Exemption of public ministers. § 16. What persons are punishable criminally. - The following persons are liable to punishment within the state: 1. A person who commits within the state any crime, in whole or in part; 2. A person who commits without the state any offense which, if committed within the state, would be larceny under the laws of the state, and is afterward found, with any of the property stolen or feloniously appropriated within this state; 3. A person who, being without the state, causes, procures, aids, or abets another to commit crime within the state; 4. A person who, being out of this state, abducts or kidnaps by force or fraud, any person contrary to the laws of the place where such act is committed, and brings, sends or conveys such person within the limits of this state, and is afterward found therein. 5. A person who, being out of this state and with intent to cause |