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 and 1896. AN ACT to establish a Penal Code. PASSED July 26, 1881; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: PRELIMINARY PROVISIONS. SEO. 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. 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 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be deemed criminal or punishable, except as prescribed or authorized by this Code, or by some statute of this state not repealed by it.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; Jaehne v. 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. Y. Cr. 329; People, ex rel. MoDonald, 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 under 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; aff'd, 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, 2 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. Jaehne, 193 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 N. 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 person 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. C. 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. SEC. 16. What persons are punishable criminally. 17. Presumption of responsibility in general. 18. Id., as to child under seven years. 19. Id., as to child of seven years or more. 20, 21 Irresponsibility, etc., of idiot, lunatic, etc. 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. persons are liable to punishment within the state: The following 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 within it a result contrary to the laws of this state, does an act which in its natural and usual course results in an act or effect contrary to its laws. Ignorance does not excuse. Hamilton v. People, 57 Barb. 625. Criminal intent necessary to constitute breach of penal statute. Sturgess v. Maitland, Anth N. P. 208 See Baker v. Richardson, 1 Cow. 77; Morris v. People, 3 Den. 381. Ignorance of penal statute is no excuse. Smith v. Brown, 1 Wend. 231. That defendant was illegally apprehended in foreign county, no objection to jurisdiction. People v. Rowe, I Sheld. 81. Subs. 4, 5; People v. Wright, 2 Cai. 213; People v. Gardner, 2 Johns. 477; People v. Schenck, id. 479; McCullough's case, 2 C. H. Rec. 45. See People v. Adams, 3 Den. 190; S. C., 1 N. Y. 173: People v. Bork, 91 N. Y. 5. Same act may be punishable under U. S. Stat. Abbott v. People, 75 N. Y. 602. Jurisdiction. People v. Lyon, 1 N. Y. Cr. 400; 99 N. Y. 219; Adams v. People, 1 id 173; People v. Wilson, 3 Park. 199; People v. Marine Court, 6 Hun. 214; People v. Lane, 1 Edm. Cases, 116; People v. Marra, 4 N. Y. Cr. 304: Western, etc., Co. v. Kilderhouse. 87 N. Y. 435; Com. v. White, 123 Mass. 450; 25 Am. Rep. 116; Langdon v. N. Y., etc., R. Co., 8 Ry. & Corp. L. J. 405; Wisconsin v. Pelican Ins Co, 127 U. S. 265: Murphy v. English, 64 How. 362; People v. Bliven, 112 N. Y. 79. See 88 185, 540, 676, post. 17. Presumption of responsibility for acts. A person is presumed to be responsible for his acts. The burden of proving that he is irresponsible is upon the accused person, except as otherwise prescribed in this Code. Responsible for natural consequences. People v. Adams, 16 Hun, 549. Sanity is presumed. Walter v. People, 32 N. Y. 147; O'Brien v. People, 48 Barb. 274. Insanity must be affirmatively established. Sellick's case, i C. H. Rec. 185; People v. Robinson, 1 Park. 646; 2 id. 235. That one intends the necessary consequences of his acts, is also presumed. People v. Foster, 50 N. Y. 609; People v. Conroy, 97 id. 62, aff'g 33 Hun, 119. 18. Child under seven years. A child under the age of seven years is not capable of committing crime. Moebus v. Herrman, 108 N. Y. 353; Stone v. Dry D., etc., R. Co., 115 id. 104; S. C., 23 N. Y. State Rep'r, 551; Kunz v. City of Troy. 104 N. Y. 344; Mangan v. Brooklyn R. Co., 38 id. 455; Fallon v. Central Park, etc., Co., 49 id. 255; McMahon v. Mayor, etc., 33 id. 642; Wendell v. N. Y. C. R. Co., 91 id. 420. 19. Child between seven and twelve. A child of the age of seven years, and under the age of twelve years, is presumed to be incapable of crime, but the presumption may be removed by proof that he had sufficient capacity to understand the act or neglect charged against him and to know its wrongfulness. Whenever in any legal proceedings it becomes necessary to determine the age of a child, the child may be produced for personal inspection, to enable the magistrate, court or jury, to determine the age thereby; and the court or magistrate may direct an examination by one or more physicians, whose opinion shall also be competent evidence upon the question of age. A copy of the record of baptism of any child in any parish register, or register kept in a church, or by a clergyman thereof, or a certificate of baptism duly authenticated by the person in charge of such register, or who administered said baptism, and also a transcript of the record of birth recorded in any bureau of vital statistics or board of health, duly authenticated by its secretary or under its seal, and the entries made in a family Bible, shall also be competent evidence upon the question of the age. [AMENDED CHAPS. 46 of 1884 AND 145 OF 1888.] |