Subchapter VI-Miscellaneous Provisions § 131. Arrest only for offenses declared in Code; exceptions A person may not be arrested for an offense unless the offense is expressly declared in this Code, except for: (1) offenses against laws of the United States applicable to the Canal Zone; (2) offenses against laws hereafter enacted by the Congress of the United States for the Canal Zone; and (3) violations of rules and regulations authorized by law to be promulgated and for the violation of which punishment is prescribed by law. § 132. Civil liability for offenses; effect of this title The omission to specify or affirm in this title any liability to damages, penalty, forfeiture, or other remedy imposed by law, and allowed to be recovered or enforced in a civil action or proceeding, for any act or omission declared punishable herein, does not affect any right to recover or enforce it. § 133. Forfeiture of property upon conviction Except in a case in which a forfeiture is expressly imposed by law, a conviction of a person for an offense does not work a forfeiture of property. § 134. Forfeiture of public office upon conviction The omission to specify or affirm in this title a ground of forfeiture of a public office, or other trust or special authority conferred by law, or a power conferred by law to impeach, remove, depose, or suspend a public officer or other person holding a trust, appointment or other special authority conferred by law, does not affect the forfeiture or power, or a proceeding authorized by law to carry into effect his impeachment, removal, deposition, or suspension. § 135. Evaluation of property in determining grade of offense When in this title the character or grade of an offense or its punishment is made to depend upon the value of the property, the value shall be estimated exclusively in lawful money of the United States. § 136. Preservation of powers of courts-martial and others This title does not affect any power which is conferred by law upon a court-martial, military authority or other officer, or upon a public body, tribunal, or officer, to impose or inflict punishment upon offenders. § 137. Offenses involving sending of letters In the various cases in which the sending of a letter is made criminal by this title, the offense is deemed complete from the time when the letter is deposited in a post office or other place, or delivered to a person, with intent that it shall be forwarded or delivered. Sec. CHAPTER 3—ABORTION AND CONTRACEPTION 171. Acts with intent to produce miscarriage. 172. Soliciting or submitting to use of abortifacient. 173. Advertisements relating to abortion or contraception. 174. Corroboration of testimony of woman. § 171. Acts with intent to produce miscarriage Whoever, with intent thereby to procure the miscarriage of a woman, unless the miscarriage is necessary to preserve the life of the woman: (1) provides, supplies or administers to the woman, or procures her to take, any medicine, drug, or substance; or (2) uses or employs an instrument or other means— shall be imprisoned in the penitentiary not more than five years. § 172. Soliciting or submitting to use of abortifacient A woman who, with intent thereby to procure a miscarriage, unless the miscarriage is necessary to preserve her life: (1) solicits of a person any medicine, drug, or substance, and takes it; or (2) submits to an operation, or to the use of any means what ever shall be imprisoned in the penitentiary not more than five years. (1) willfully writes, composes or publishes a notice or advertisement of a medicine or means for producing or facilitating a miscarriage or abortion, or for the prevention of conception; or (2) offers his services by a notice, advertisement or otherwise to assist in the accomplishment of any such purposeshall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both. § 174. Corroboration of testimony of woman Upon a trial for procuring or attempting to procure an abortion, or aiding or assisting therein, the defendant may not be convicted upon the testimony of the woman upon or with whom the offense was committed, unless her testimony is corroborated by other evidence. Sec. CHAPTER 5-ADULTERY 201. Punishment for adultery. 202. Corroboration of testimony of other person. § 201. Punishment for adultery Whoever: (1) being married, voluntarily has sexual intercourse with a person other than his or her spouse; or (2) being unmarried, voluntarily has sexual intercourse with a married person— shall be fined not more than $200 or imprisoned in jail not more than one year, or both. 8202. Corroboration of testimony of other person A conviction pursuant to section 201 of this title can not be had on the uncorroborated testimony of the person with whom the offense is charged to have been committed. Sec. 231. Definitions. CHAPTER 7-ANIMALS 232. Cruelty to animals generally; destruction of abandoned animals. 233. Poisoning animals. 234. Instigating fights between animals. 235. Enforcement by humane society agent. 236. Killing of person by vicious animal. 237. Injury to person by vicious animal. 238. Offenses regarding diseased animals generally. 239. Sale, use, exposure, or refusal to destroy diseased animal. 240. Bringing in animals and violating quarantine. 241. Receiving or transporting animal in violation of quarantine. § 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) Á 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 therefrom 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 quaran tine 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 propertywithout 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. |