(b) Subsection (a) of this section does not apply to an officer or person: Bec. (1) authorized by law to search without a warrant; or (3) arresting or attempting to arrest a person committing or attempting to commit an offense in his presence, or who has committed, or is suspected on reasonable grounds of having committed, a felony; or (4) making a search at the request or invitation, or with the consent, of the occupant of the premises. 301. Definitions. CHAPTER 11-ARSON 302. Arson in the first degree. 303. Arson in the second degree § 301. Definitions As used in this chapter, unless the context requires a different meaning: "arson" means the willful and malicious burning of a building with intent to destroy it; "building" includes any house, edifice, structure, vehicle, vessel or other erection capable of affording shelter for human beings or appurtenant to or connected with an erection so adapted; "burns" or "burning" means the application of fire so as to take effect upon any part of the substance of the building, and does not necessarily mean that the building set on fire shall have been destroyed; "inhabited building" means a building which has usually been occupied by any person lodging therein at night; and "nighttime" means the period between sunset and sunrise. § 302. Arson in the first degree Whoever maliciously burns in the nighttime an inhabited building in which there is at the time a human being is guilty of arson in the first degree and shall be imprisoned in the penitentiary not less than 10 years. § 303. Arson in the second degree Whoever maliciously burns a building of another with intent to destroy it, under circumstances not amounting to arson in the first degree, is guilty of arson in the second degree, and shall be imprisoned in the penitentiary not more than 10 years. Sec. CHAPTER 13-ASSAULT AND BATTERY 331. Definition of assault; punishment. 332. Definition of battery; punishment. 333. Assault with caustic chemical. 334. Assault with deadly weapon. 335. Assault with intent to murder. 336. Administering poison. 337. Assaults with intent to commit certain felonies. 338. Assaults with intent to commit other felonies. 339. Administering stupefying agent to assist in commission of felony. § 331. Definition of assault; punishment (a) An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. (b) Whoever commits an assault shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both. § 332. Definition of battery; punishment (a) A battery is any willful and unlawful use of force or violence upon the person of another. (b) Whoever commits a battery shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both. § 333. Assault with caustic chemical Whoever willfully and maliciously places or throws, or causes to be placed or thrown, upon the person of another any vitriol, corrosive acid or caustic chemical of any nature with the intent to injure the flesh or disfigure the body of the person shall be imprisoned in the penitentiary not more than 14 years. § 334. Assault with deadly weapon Whoever commits an assault upon the person of another with a deadly weapon or instrument, or by any means of force likely to produce great bodily injury, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than 10 years, or both. § 335. Assault with intent to murder Whoever assaults another with intent to commit murder shall be imprisoned in the penitentiary not more than 20 years. § 336. Administering poison Whoever, with intent to kill, administers or causes or procures to be administered to another, any poison or other noxious or destructive substance or liquid, but by which death is not caused, shall be imprisoned in the penitentiary not more than 20 years. § 337. Assaults with intent to commit certain felonies Whoever assaults another with intent to commit rape, sodomy, mayhem, robbery or grand larceny, shall be imprisoned in the penitentiary not more than 14 years. § 338. Assaults with intent to commit other felonies Whoever assaults another with intent to commit a felony, other than murder and the felonies enumerated in section 337 of this title, shall be fined not more than $500 or imprisoned in the penitentiary not more than one year, or both. § 339. Administering stupefying agent to assist in commission of felony Whoever administers to another any chloroform, ether, laudanum or other narcotic anesthetic or intoxicating agent, with intent thereby to enable or assist himself or any other person to commit a felony, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both. Sec. CHAPTER 15-ATTEMPTS TO COMMIT OFFENSES GENERALLY 371. Penalties for attempts to commit offenses. 372. Prosecution for attempt although offense completed. 373. Commission of offense in unsuccessful attempt to commit another. § 371. Penalties for attempts to commit offenses (a) Whoever attempts to commit an offense, but fails or is prevented or intercepted in the perpetration thereof, if another provision is not made by law for the punishment of the attempt, is punishable as follows: (1) if the offense so attempted is one for which a maximum sentence is not fixed by law or for which the law provides for maximum sentence of life imprisonment or sentence of death, the person guilty of the attempt shall be imprisoned in the penitentiary not more than 20 years; (2) if the offense so attempted is punishable by imprisonment in the penitentiary for five years, or more, or by imprisonment in jail, the person guilty of the attempt shall, except as provided in paragraph (1) of this section, be imprisoned in the penitentiary, or in jail, as the case may be, for a term not exceeding onehalf the longest term of imprisonment prescribed upon a conviction of the offense so committed; (3) if the offense so attempted is punishable by imprisonment for any term less than five years, the person guilty of the attempt is punishable by imprisonment in jail for not more than one year; (4) if the offense so attempted is punishable by a fine, the offender convicted of the attempt is punishable by a fine of not more than one-half the largest fine which may be imposed upon a conviction of the offense so attempted; (5) if the offense so attempted is punishable by imprisonment and by a fine, the offender convicted of the attempt may be punished by both imprisonment and fine, not exceeding one-half the longest term of imprisonment and one-half the largest fine which may be imposed upon a conviction for the offense so attempted. (b) Attempts included in sections 335–339 of this title, are not included in subsection (a) of this section. § 372. Prosecution for attempt although offense completed A person may be tried and convicted of an attempt to commit an offense, although it appears at the trial that the offense was actually committed as intended or attempted, unless the court in its discretion dismisses the charges and directs the person to be tried for the offense itself. § 373. Commission of offense in unsuccessful attempt to commit another Notwithstanding sections 371 and 372 of this title, whoever, attempting unsuccessfully to commit an offense, accomplishes the commission of another and different offense, whether greater or lesser in guilt, shall be punished as prescribed by law for the offense committed. Bec. CHAPTER 17-ATTORNEYS 401. Misconduct of attorneys generally. 402. Buying claim. 403. Practice of law by unauthorized person. § 401. Misconduct of attorneys generally Whoever, being an attorney or counselor, and while acting either as attorney or as counselor (1) is guilty of a deceit or collusion, or consents to a deceit or collusion, with intent to deceive the court or any party; (2) willfully delays his client's suit with a view to his own gain; or (3) willfully receives any money or allowance for or on account of money which he has not laid out or become answerable for shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both. § 402. Buying claim Whoever, being an attorney, either directly or indirectly buys or is interested in buying any evidence of debt or thing in action, with intent to bring suit thereon, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both. § 403. Practice of law by unauthorized person (a) Whoever, not being a member of the bar in good standing, practices law, or advertises or represents himself as practicing or entitled to practice law, in any court of the Canal Zone, other than for himself, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both. (b) Subsection (a) of this section does not apply to nonresident attorneys who are specially admitted to participate in particular 432. Exceptions. 433. Marrying spouse of another. § 431. Bigamy defined and punished; proof (a) Whoever, having a husband or wife living, marries another person, commits bigamy, and shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both. (b) Upon a trial for bigamy it is not necessary to prove either of the marriages by the register, certificate or other record evidence thereof, but either may be proved by such evidence as is admissible to prove a marriage; nor when and where the second marriage took place, proof of the fact, accompanied with proof of cohabitation thereafter in the Canal Zone, being sufficient to sustain the charge. § 432. Exceptions Section 431 of this title does not extend to: (1) a person by reason of a former marriage whose husband or wife by the former marriage has been absent for five successive years without being known to that person within that time to be living; or (2) a person by reason of a former marriage which has been pronounced void, annulled or dissolved by the judgment of a competent court. § 433. Marrying spouse of another Whoever knowingly and willfully marries the husband or wife of another person, in a case in which the husband or wife would be punishable under the provisions of this chapter, shall be fined not more than $3,000 or imprisoned in the penitentiary not more than three years, or both. Sec. CHAPTER 21-BRIBERY AND GRAFT 461. Offer to procure appointive public office. 462. Acceptance or solicitation to obtain appointive public office. 463. Giving or offering bribe to Judicial officer, juror, etc. 464. Solicitation or acceptance of bribe by judicial officer, juror, etc. 465. Solicitation or acceptance of reward, etc., by judicial officer. 466. Solicitation or acceptance, by judicial officer, of fees of stenographer or reporter. 467. Stenographer or reporter offering or paying fees for appointment. 468. Offering or giving bribe to witness. 469. Solicitation or acceptance of bribe by witness. § 461. Offer to procure appointive public office Section 214 of Title 18, United States Code, applies in the Canal Zone; and, for the purposes of this section, the term "United States", as used in section 214 of Title 18, United States Code, includes the Canal Zone Government, the Panama Canal Company, and any other agency or instrumentality of the United States operating in the Canal Zone. The district court has jurisdiction of offenses under section 214 of Title 18, United States Code, and, in imposing any sentence of imprisonment under that section, shall provide, as part of the sentence, that the term of imprisonment be served in jail. § 462. Acceptance or solicitation to obtain appointive public office Section 215 of Title 18, United States Code, applies in the Canal Zone; and, for the purposes of this section, the terms "United States" and "agency", as used in section 215 of Title 18, United States Code, includes the Canal Zone Government, the Panama Canal Company, and any other agency or instrumentality of the United States operating in the Canal Zone. In imposing any sentence of imprisonment under section 215 of Title 18, United States Code, the district court shall provide, as part of the sentence, that the term of imprisonment be served in jail. § 463. Giving or offering bribe to judicial officer, juror, etc. Whoever gives or offers to give a bribe to a judicial officer, juror, master, referee, arbitrator, or umpire, or to a person who may be authorized by law to hear or determine any question or controversy, with intent to influence his vote, opinion, or decision upon any matter or question which is brought before him for a decision, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than 10 years, or both. 8464. Solicitation or acceptance of bribe by judicial officer, juror, etc. Whoever, being a judicial officer, juror, master, referee, arbitrator or umpire, or person authorized by law to hear or determine a question or controversy, asks for, receives or agrees to receive, a bribe upon an agreement or understanding that his vote, opinion or decision upon a matter or question which is or may be brought before him for decision shall be influenced thereby, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than 10 years, or both. § 465. Solicitation or acceptance of reward, etc., by judicial officer Whoever, being a judicial officer, asks for or receives any emolument, gratuity or reward, or promise thereof, except such as may be authorized by law, for doing an official act, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both. § 466. Solicitation or acceptance, by judicial officer, of fees of stenographer or reporter Whoever, being a judicial officer, asks for or receives the whole or a part of the fees allowed by law to a stenographer or reporter appointed by him or any other person to record the proceedings of a court or investigation held by him, shall be fined not more than $100 or imprisoned in jail not more than 30 days or both; and shall forfeit his office, and shall be forever disqualified from holding any office under the United States. § 467. Stenographer or reporter offering or paying fees for appointment Whoever, being a stenographer or reporter appointed by a judicial officer, pays or offers to pay the whole or a part of the fees allowed him by law, for his appointment or retention in office, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both; and shall forfeit his office, and shall be forever disqualified from holding any office under the United States. |