§ 1314. Child stealing Whoever maliciously, forcibly or fraudulently takes or entices away a child under the age of 12 years, with intent to detain and conceal the child from its parent, guardian or other person having the lawful charge of the child, shall be imprisoned in the penitentiary not more than 20 years. Sec. CHAPTER 71—LARCENY AND EMBEZZLEMENT SUBCHAPTER I-LARCENY AND RELATED OFFENSES 1341. Larceny defined and classified. 1342. Grand larceny. 1343. Petit larceny. 1344. Value of written instruments stolen. 1345. Value of passage tickets. 1346. Written instruments completed but not delivered. 1347. Larceny with respect to mortgaged or pledged personal property. 1348. Severing and removing parts of realty. 1349. Removal of improvements from mortgaged real property. 1350. Larceny of lost property. 1351. Neglect to notify owner of property saved from fire. 1352. Stealing gas or electricity. 1353. Stealing water. 1354. Taking vehicle for temporary use. 1355. Unauthorized use of vehicle by custodian. 1356. Changing or defacing marks or brands on domestic animals. 1357. Bringing in property stolen or received elsewhere. 1358. Proof upon trial for larceny of money or securities. BUBCHAPTER II-EMBEZZLEMENT 1381. Embezzlement defined. 1382. Officers or persons generally. 1383. Various classes of fiduciaries. 1384. Carrier or individual transporting property for hire. 1385. Bailee, tenant, lodger, or attorney in fact. 1386. Clerk, agent or servant. 1887. Evidence of debt as subject of embezzlement. 1388. Bringing in property embezzled or received elsewhere. 1389. Punishment for embezzlement. 1390. Claim of title as defense. 1391. Intent to restore property as defense. 1392. Actual restoration as ground for mitigation of punishment. 1893. Proof upon trial for embezzlement of money or securities. Subchapter I-Larceny and Related Offenses § 1341. Larceny defined and classified (a) Larceny is the stealing, or the unlawful taking, carrying, leading or driving away of the personal property of another. (b) Larceny is of two degrees, the first of which is grand larceny; the second, petit larceny. § 1342. Grand larceny Whoever, in committing the offense of larceny, takes property: (1) which is of the value of $100 or more; or from the person of another is guilty of grand larceny, and shall be imprisoned in the penitentiary not more than 10 years. § 1343. Petit larceny Whoever commits larceny under circumstances other than any of those constituting grand larceny is guilty of petit larceny, and shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both. § 1344. Value of written instruments stolen If the thing stolen consists of any evidence of debt or other written instrument, the amount of money due thereupon, or secured to be paid thereby, and remaining unsatisfied, or which in any contingency might be collected thereon, or the value of the property the title to which is shown thereby, or the sum which might be recovered in the absence thereof, is the value of the thing stolen. § 1345. Value of passage tickets If the thing stolen is a ticket, paper, or other writing entitling or purporting to entitle the holder or proprietor thereof to a passage upon a railroad, vessel, or other public conveyance, the price at which a ticket entitling a person to a like passage is usually sold by the proprietor of the conveyance is the value of the ticket, paper, or writing. § 1346. Written instruments completed but not delivered This subchapter applies where the property taken is an instrument for the payment of money, evidence of debt, public security or passage ticket, completed or ready to be issued or delivered, although the same has never been issued or delivered by the makers thereof to any person as a purchaser or owner, or having other interests therein. § 1347. Larceny with respect to mortgaged or pledged personal property Whoever, after mortgaging personal property, or after pledging personal property as security for a loan or other security, during the existence of the mortgage or pledge, and with intent to defraud the mortgagee or pledgee, as the case may be, or the representatives or assigns of either: (1) takes, drives or carries away, or otherwise removes, or permits the taking, driving or carrying away, or other removal of, the mortgaged or pledged property, or any part thereof, from the Canal Zone, without the written consent of the mortgagee or pledgee; (2) sells, transfers, or in any manner further incumbers the mortgaged property, or any part thereof, unless, at or before the time of making the sale, transfer, or incumbrance, he informs the: (A) person to whom the sale, transfer, or incumbrance is made of the existence of the prior mortgage; and (B) prior mortgagee of the intended sale, transfer, or incumbrance, in writing, by giving the name and place of residence of the person to whom the sale, transfer, or incumbrance is to be made; (3) sells, or transfers the pledged property, or any part thereof, without the written consent of the pledgee; or (4) otherwise disposes of the mortgaged or pledged property, or any part thereof, without the written consent of the mortgagee or pledgee, as the case may be is guilty of larceny, and shall be punished accordingly. § 1348. Severing and removing parts of realty Where the thing taken is a fixture or part of the realty and is severed at the time of taking, this subchapter applies in the same manner as if the thing had been severed by another person at a previous time. § 1349. Removal of improvements from mortgaged real property Whoever, after mortgaging real property, during the existence of the mortgage, or after the mortgaged property has been sold under an order and decree of foreclosure, with the intent to defraud or injure the mortgagee or his representatives, successors, or assigns, or the purchaser of the mortgaged premises at the foreclosure sale or his representatives or assigns, and without his or their written consent as the case may be: (1) destroys or damages the mortgaged premises; or (2) takes, removes, or carries away, from the mortgaged premises, or otherwise disposes of, a house, barn, or other property affixed thereto as an improvement thereon, or permits any of those acts is guilty of larceny, and shall be punished accordingly. § 1350. Larceny of lost property Whoever finds lost property under circumstances which give him knowledge of, or means of inquiry as to, the true owner, and appropriates the property to his own use, or to the use of another person not entitled thereto, without first making reasonable and just efforts to find the owner and restore the property to him, is guilty of larceny, and shall be punished accordingly. § 1351. Neglect to notify owner of property saved from fire Whoever saves from fire, or from a building endangered by fire, any property, and for two days thereafter corruptly neglects to notify the owner thereof, or the Chief, Fire Division, Canal Zone Government, shall be imprisoned in the penitentiary not more than 10 years. 1352. Stealing gas or electricity Whoever, with intent to injure or defraud, connects a pipe, tube, wire or other instrument with a main, service pipe or other pipe, wire or connection used for supplying illuminating gas or electricity in such a manner as to supply illuminating gas or electricity to a connection by or at which illuminating gas or electricity is consumed, around or without passing through a meter provided for measuring and registering the quantity consumed, or in any other manner so as to evade the payment therefor, or, with like intent, obstructs its action, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both. § 1353. Stealing water Whoever, with intent to injure or defraud: (1) opens or draws water from a stopcock or faucet by which the flow of water is controlled, after having been notified that it has been closed or shut for specific cause, by order of competent authority; or (2) connects a pipe, tube or other instrument, with a main, service or other pipe, conduit or flume, for conducting water, for the purpose of taking water from the main, service pipe, conduit or flume, without the knowledge of the owner thereof, and with intent to evade payment therefor shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both. § 1354. Taking vehicle for temporary use Whoever takes a vehicle without the permission of the owner or custodian thereof, for the purpose of temporarily using or operating the vehicle, shall, for the first offense, be fined not more than $100 or imprisoned in jail not more than 30 days, or both; and, for each subsequent offense, be fined not more than $500 or imprisoned in jail not more than 180 days, or both. § 1355. Unauthorized use of vehicle by custodian Whoever, having the care, custody or possession of a vehicle, takes, hires, runs, drives or uses the vehicle, or takes or removes therefrom any part thereof, without the owner's consent, shall be fined not more than $1,000 or imprisoned in jail not more than one year, or both. § 1356. Changing or defacing marks or brands on domestic animals Whoever marks or brands, or alters or defaces the mark or brand of a horse, mare, colt, jack, mule, ox, steer, cow, calf, sheep, goat, hog, shoat or pig belonging to another with intent thereby to steal it, or to prevent identification thereof by the true owner, shall be imprisoned in the penitentiary not more than five years. § 1357. Bringing in property stolen or received elsewhere Whoever, in a foreign country or State of the United States, steals the property of another, or receives such property, knowing it to have been stolen, and brings the property into the Canal Zone, may be tried, convicted and punished in the same manner as if the larceny or receiving had been committed in the Canal Zone. § 1358. Proof upon trial for larceny of money or securities Upon a trial for larceny of money, bank notes, certificates or shares of stock, or valuable securities, the allegation of the complaint or information, as far as regards the description of the property, is sustained if the offender is proved to have stolen any money, bank notes, certificates or shares of stock, or valuable security, although the particular species of coin or other money, or the number, denomination, or kind of bank notes, certificates or shares of stock, or valuable security is not proved. Subchapter II-Embezzlement § 1381. Embezzlement defined Embezzlement is the fraudulent appropriation of property by a person to whom it has been intrusted. § 1382. Officers or persons generally Whoever, being an officer of the United States or a department or agency thereof, or a deputy, clerk or servant of such an officer, or an officer, director, trustee, clerk, servant, attorney or agent of an association, society or corporation, public or private, or any other person, and having, by virtue of his trust, any property in his possession or under his control: (1) fraudulently appropriates the property; or (2) secretes the property with a fraudulent intent to appropriate it to a use or purpose not in the due and lawful execution of his trust, is guilty of embezzlement, and shall be punished accordingly. § 1383. Various classes of fiduciaries Whoever, being a trustee, banker, merchant, broker, attorney, agent, assignee in trust, executor, administrator, collector, or person otherwise intrusted with, or having in his control, property for the use of another person, (1) fraudulently appropriates the property; or (2) secretes the property with a fraudulent intent to appropriate it to a use or purpose not in the due and lawful execution of his trust, is guilty of embezzlement, and shall be punished accordingly. § 1384. Carrier or individual transporting property for hire Whoever, being a carrier or other person having under his control personal property for the purpose of transportation for hire, fraudulently appropriates it to a use or purpose inconsistent with the safe keeping of the property and its transportation according to his trust, whether or not he has broken the package in which the property is contained or has otherwise separated the items thereof, is guilty of embezzlement and shall be punished accordingly. § 1385. Bailee, tenant, lodger, or attorney in fact Whoever, being a person entrusted with property as bailee, tenant or lodger, or with a power of attorney for the sale or transfer thereof, fraudulently converts the property or the proceeds from the sale or transfer thereof to his own use or secretes it or them with a fraudulent intent to convert to his own use, is guilty of embezzlement and shall be punished accordingly. § 1386. Clerk, agent or servant Whoever, being a clerk, agent, or servant of another person, fraudulently appropriates to his own use, or secretes with a fraudulent intent to appropriate to his own use, property of another person which has come into his control or care by virtue of his employment as such a clerk, agent or servant, is guilty of embezzlement and shall be punished accordingly. § 1387. Evidence of debt as subject of embezzlement Any evidence of debt, negotiable by delivery only, and actually executed, is a subject of embezzlement, whether it has been delivered or issued as a valid instrument or not. Where the property embezzled is an evidence of debt or right of action, the sum due upon it or evidenced to be paid by it shall be taken as its true value. § 1388. Bringing in property embezzled or received elsewhere Whoever, in a foreign country or State of the United States, embezzles the property of another, or receives such property, knowing it to have been embezzled, and brings it into the Canal Zone, may be tried, convicted and punished in the same manner as if the embezzlement or receiving had been committed in the Canal Zone. § 1389. Punishment for embezzlement Whoever is guilty of embezzlement shall be punished in the manner prescribed for stealing property of the value of that embezzled. § 1390. Claim of title as defense Upon a prosecution for embezzlement, it is a sufficient defense that the property was appropriated openly and avowedly, and under a claim of title preferred in good faith, even though the claim is untenable. This section does not excuse the unlawful retention of the property of another to offset or pay demands held against him. § 1391. Intent to restore property as defense The fact that the accused intended to restore the property embezzled is not a ground of defense or of mitigation of punishment, if it has not been restored before a complaint is laid before a magistrate or an information is filed in the district court charging the commission of the offense. § 1392. Actual restoration as ground for mitigation of punishment If, prior to a complaint laid before a magistrate or an information filed in the district court, charging the commission of embezzlement, the accused person voluntarily and actually restored or tendered restoration of the property alleged to have been embezzled, or any part thereof, the fact of restoration or tender is not a ground of defense, but it authorizes the court to mitigate punishment, in its discretion. |