Subchapter I-Rules of Interpretation

§ 1. Definitions

As used in this title, unless it is otherwise provided or the context requires a different meaning:

"bribe" means anything of value or advantage, present or prospective, or any promise or undertaking to give anything asked, given, or accepted, with a corrupt intent to influence, unlawfully, the person to whom it is given, in his action, vote or opinion, in any public or official capacity;

"corruptly" means a wrongful design to acquire or cause some pecuniary or other advantage to the person guilty of the act or omission referred to, or to some other person;

"knowingly" means a personal knowledge; but it does not require any knowledge of the unlawfulness of the act or omission;

"malice" and "maliciously" mean a wish to vex, annoy, or injure another person, or an intent to do a wrongful act, established either by proof or presumption of law;

"neglect", "negligence", "negligent", or "negligently" means a want of such attention to the nature or probable consequences of the act or omission as a prudent man ordinarily bestows in acting in his own concerns; and

"willful" or "willfully", when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act, or make the omission referred to; and it does not require an intent to violate law, or to injure another, or to acquire any advantage.

§ 2. Scope of term "person" when used regarding protection of property

When property or an interest is intended to be protected by a provision of this title and the general term "person" or any other general term is used to designate the party whose property it is intended to protect, the provision of this title and the protection thereby given extend to the property of the United States of America, or of a State and any other domestic or foreign political entity. This section does not restrict the meaning of the term "person" as defined under any other provision of this title or under section 61 of Title 1.

Subchapter II-Types of Crimes or Offenses

§ 21. Definition of crime or public offense

A crime or public offense is an act committed or omitted in violation of a law forbidding or commanding it and, upon conviction, punishable by:

(4) removal from office; or

(5) disqualification to hold and enjoy any office of honor, trust, or profit.

§ 22. Union of act and intent or negligence; manifestations and presumptions as to intent

In every crime or public offense there must exist a union or joint operation of an act and intent or criminal negligence. The intent is manifested by the circumstances connected with the offense and the sound mind and discretion of the accused. All persons are of sound mind who are neither idiots nor insane.

§ 23. Classification of offenses

(a) Offenses are either felonies or misdemeanors.

(b) As to all offenses included in this Code, a felony is an offense punishable by death or by imprisonment in the penitentiary. Every other offense is a misdemeanor. When an offense punishable by imprisonment in the penitentiary is also punishable by fine or imprisonment in jail, in the discretion of the court, it shall be deemed a misdemeanor for all purposes after a judgment imposing a punishment other than imprisonment in the penitentiary.

(c) As to all offenses against the general laws of the United States applicable to the Canal Zone, a felony is an offense punishable by death or imprisonment for a term exceeding one year, and all other such offenses are misdemeanors.

Subchapter III-Parties to Crimes

§ 41. Principals; pleading

(a) Whoever commits an offense, or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal.

(b) Whoever willfully causes an act to be done which, if directly performed by him or another person, would be an offense, is punishable as a principal.

(c) Persons within this section shall be prosecuted and tried as principals, and no fact need be alleged in the information against them other than is required in the information against the principal.

§ 42. Conviction on testimony of accomplice; accomplice defined (a) A conviction can not be had on the testimony of an accomplice unless his testimony is corroborated by other evidence which in itself and without the aid of the testimony of the accomplice, tends to connect the defendant with the commission of the offense. The corroboration is not sufficient if it merely shows the commission of the offense or the circumstances thereof.

(b) An accomplice is an individual who is liable to prosecution for the identical offense charged against the defendant on trial in the cause in which the testimony of the accomplice is given. § 43. Accessory after the fact; punishment

Whoever, knowing that an offense has been committed, receives, relieves, comforts, or assists the offender in order to hinder or prevent his apprehension, trial or punishment, is an accessory after the fact. Except as otherwise expressly provided by law, an accessory after the fact shall be imprisoned not more than one-half the maximum term of imprisonment or fined not more than one-half the maximum fine prescribed for the punishment of the person punishable as a principal, or both; or if the person punishable as a principal is punishable by imprisonment for life or by death, the accessory shall be imprisoned not more than 10 years.

An accessory after the fact may be prosecuted, tried and punished though the person punishable as a principal is neither prosecuted nor tried.

844. Misprision of felony

Whoever, having knowledge of the actual commission of a felony cognizable by the district court, conceals and does not as soon as possible make known the same to the judge of the district court or some other person in civil or military authority under the United States or the Canal Zone Government, shall be fined not more than $500 or imprisoned in the penitentiary not more than three years, or both; and may be prosecuted, tried and punished though the person or persons who committed the felony concealed are neither prosecuted nor tried.

§ 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.

§ 72. 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.

§ 94. 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 therefor 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.