of Whoever willfully commits a lewd or lascivious act including any the acts constituting other offenses for which punishment is provided for in this title upon or with the body, or any part or member thereof, of a child under the age of 13 years, with the intent or arousing, appealing to, or gratifying, the lust, passions, or sexual desires of himself or the child, shall be imprisoned in the penitentiary not more than 10 years. Sec. CHAPTER 27-CIVIL RIGHTS 571. Refusal of innkeepers and carriers to receive guests and passengers. § 571. Refusal of innkeepers and carriers to receive guests and passengers Whoever, in carrying on business as an innkeeper or as a common carrier, or, in acting as an agent or officer of a corporation carrying on such a business, refuses, without just cause or excuse, to receive and entertain any guest, or to receive and carry any passenger, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both. CHAPTER 29-COMPOUNDING CRIME Sec. 601. Punishment for compounding crime. § 601. Punishment for compounding crime Whoever, having knowledge of the commission of a crime, takes money or property of another person, or a gratuity or reward, or an engagement or promise therefor, upon an agreement or understanding, express or implied, to compound or conceal the crime or to abstain from a prosecution thereof, or to withhold any evidence thereof, except in a case where, as provided by law, a crime may be compromised by leave of court, shall: Sec. (1) if the agreement or understanding relates to a crime punishable by death, be imprisoned in the penitentiary not more than five years; (2) if the agreement or understanding relates to any other felony, be imprisoned in the penitentiary not more than three years; or (3) if the agreement or understanding relates to a misdemeanor, be fined not more than $100 or imprisoned in jail not more than 30 days, or both. CHAPTER 31-CONSPIRACY 631. Acts constituting conspiracy; punishment. 632. Necessity for overt act; exceptions; pleading and proof. § 631. Acts constituting conspiracy; punishment If two or more persons conspire: (1) to commit a crime; (2) falsely and maliciously to present another for a crime, or to procure another to be charged or arrested for a crime; (3) falsely to move or maintain a suit, action, or proceeding; (4) to cheat and defraud a person of property by means which are in themselves criminal, or to obtain money or property by false pretenses; or (5) to commit an act injurious to the public health, the public morals, or to pervert or obstruct justice or due administration of the laws each of them shall, except as otherwise provided in this section, be punished by a fine of not more than $5,000, 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. If the conspiracy is to commit a felony for which the maximum penalty of imprisonment in the penitentiary is greater than three years, each conspirator shall be punished in the same manner and to the same extent as is provided for punishment of the felony. If the felony is one for which different punishments are prescribed for different degrees, the jury or court shall determine the degree of the felony which the defendants conspired to commit. If the degree is not so determined, the punishment for conspiracy to commit the felony shall be that prescribed for the lesser degree. If the conspiracy is to commit two or more felonies which have different punishments, the punishment for the conspiracy shall be that prescribed for the felony which has the greater maximum term. 8632. Necessity for overt act; exceptions; pleading and proof (a) An agreement, except to commit a felony upon the person of another or to commit arson or burglary, does not amount to conspiracy unless an act beside the agreement is done to effect the object thereof by one or more of the parties to the agreement. (b) Upon a trial for conspiracy, where an overt act is necessary to constitute the offense, the defendant may not be convicted unless one or more overt acts are expressly alleged in the information, nor unless one of the acts alleged is proved; but other overt acts not alleged, but connected with the offense charged, may be given in evidence. Sec. CHAPTER 33-CONTEMPTS 661. Power of courts to punish for contempt. 662. Contempts constituting crimes; limitations. 663. Jury trial of contempts charged under section 662. § 661. Power of courts to punish for contempt Each court may punish, by fine or imprisonment in jail or in the penitentiary, at its discretion, such contempt of its authority as: (1) misbehavior of a person in its presence or so near thereto as to obstruct the administration of justice; (2) misbehavior of any of its officers in their official transactions; or (3) disobedience or resistance to its lawful writ, process, order, rule, decree, or command. § 662. Contempts constituting crimes; limitations (a) Whoever willfully disobeys a lawful writ, process, order, rule, decree, or command of a court of the Canal Zone by doing an act therein, or thereby forbidden, if the act or thing done be of such character as to constitute also a criminal offense under a statute of the United States, or under this Code, shall be punished by fine or imprisonment in jail, or both. (b) A fine imposed pursuant to subsection (a) of this section shall be paid into court and disposed of in the same manner as other fines are disposed of, or shall be paid to the complainant or other party injured by the act constituting the contempt, or may, where more than one is damaged, be divided or apportioned among them, as the court directs. (c) If the accused is a natural person, and if the fine imposed upon him by the district court is not to be paid to the complainant or other party injured by the act constituting the contempt, the fine may not exceed the sum of $1,000; and the imprisonment imposed by the district court under this section may not exceed the term of 180 days. (d) A magistrate's court may not impose a fine in excess of $100, or impose a term of imprisonment in excess of 30 days in any case under subsections (a) and (b) of this section. (e) Subsections (a), (b) and (c) of this section do not apply to contempts committed in the presence of the court, or so near thereto as to obstruct the administration of justice, nor to contempts committed in disobedience of a lawful writ, process, order, rule, decree, or command entered in any suit or action brought or prosecuted in the name of, or on behalf of, the United States or the Government of the Canal Zone, but the same, and all other cases of contempt not spe cifically embraced by this section may be punished in conformity with the prevailing usages at law. (f) A proceeding for contempt within this section may not be instituted against a person, corporation or association unless it is begun within one year from the date of the act complained of; nor is such proceeding a bar to a criminal prosecution for the same act. a § 663. Jury trial of contempts charged under section 662 Whenever a contempt is charged under section 662 of this title, and the criminal offense referred to by subsection (a) of that section is one in the trial of which the accused would be entitled by existing law to a trial by jury, and the contempt is prosecuted in the district court, the accused, upon demand therefor, is entitled to trial by jury, which shall conform as near as may be with the practice in other criminal cases. Sec. CHAPTER 35-CONTRACTS 691. Interested persons acting as Government agents. § 691. Interested persons acting as Government agents Whoever, being an officer, agent or member of, or directly or indirectly interested in the pecuniary profits or contracts of, a corporation, joint stock company, association, firm or partnership, or other business entity, is employed or acts as an officer or agent of the United States, or an agency or instrumentality thereof, for the transaction of business with such business entity, shall be fined not more than $2,000 or imprisoned in the penitentiary not more than two years, or both. Sec. CHAPTER 37-CONVICTS 721. Importation of foreign convicts. § 721. Importation of foreign convicts Whoever, being a captain or master of a vessel, or other person, willfully imports, brings, or sends into the Canal Zone, a person who is: (1) a foreign convict of a crime which, if committed within the Canal Zone, would be a felony; or (2) sent to him from a prison or place of confinement in any place out of the Canal Zone shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both; and every person so landing shall be punished in like manner. Sec. CHAPTER 39-CORPORATIONS AND ASSOCIATIONS 751. Definition. 752. Fictitious or fraudulent subscriptions. 753. Exhibiting false records to public officer or examining board. 754. Unauthorized use of name in prospectus or advertisement. 755. Issuance of unauthorized shares. 756. Fraudulent dividend or distribution of assets. 757. Acceptance of deposits when bank insolvent. 758. Frauds in books, papers or securities. 759. False reports or statements; refusal to keep books or post notices. 760. Refusal to permit inspection of books by stockholders. 761. Presumption of director's knowledge as to illegality of act. 762. Status as foreign corporation as a defense. § 751. Definition As used in this chapter, "director" embraces any of the persons having by law the direction or management of the affairs of a corporation, by whatever name they are described in its charter or bylaws. § 752. Fictitious or fraudulent subscriptions Whoever : (1) signs the name of a fictitious person to a subscription for, or agreement to take, stock in a corporation existing or proposed; or (2) signs to a subscription or agreement the name of a person, knowing that that person has not means or does not intend in good faith to comply with all the terms thereof, or under an understanding or agreement that the terms of the subscription or agreement are not to be complied with or enforced shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both. § 753. Exhibiting false records to public officer or examining board Whoever, being an officer, agent or clerk of: (1) a corporation; or (2) any persons proposing to organize a corporation or to increase the capital stock of a corporation— knowingly exhibits a false, forged or altered book, paper, voucher, security or other instrument of evidence to a public officer or board authorized by law to examine the organization of the corporation, to investigate its affairs or to allow an increase of its capital, with intent to deceive the officer or board with respect thereto, shall be imprisoned in the penitentiary not more than 10 years. § 754. Unauthorized use of name in prospectus or advertisement Whoever, without being authorized so to do, subscribes the name of another person to, or inserts the name of another person in, a prospectus, circular or other advertisement or announcement of a corporation or joint stock association existing or intended to be formed, with intent to permit the document to be published and thereby to lead persons to believe that the person whose name is so subscribed is an officer, agent, member or promoter of the corporation or association, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both. § 755. Issuance of unauthorized shares Whoever, being a director of a stock corporation, knowingly concurs in a vote or act of the directors of the corporation to issue shares of stock beyond the amount authorized by its articles, shall be fined not more than $1,000 or imprisoned in jail not more than one year, or both. § 756. Fraudulent dividend or distribution of assets Whoever, being a director of a stock corporation, concurs in a vote or act of the directors of the corporation or any of them, knowingly and with dishonest or fraudulent purpose, to make any dividend or distribution of assets, except in the cases and in the manner allowed by law, either with the design of defrauding creditors or shareholders or of giving a false appearance to the value of the stock and thereby defrauding subscribers or purchasers, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both. 88558 - 62 - 34 8757. Acceptance of deposits when bank insolvent Whoever, being an officer, agent, or employee of a bank, or an individual banker or agent or employee thereof, receives a deposit, knowing that the bank, association, or banker is insolvent, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both. 8 758. Frauds in books, papers or securities Whoever: (1) being a director, officer, or agent of a corporation or joint stock association, knowingly receives or possesses himself of any property of the corporation or association otherwise than in payment of a just demand, and, with intent to defraud, omits to make, or to cause or direct to be made, a full and true entry thereof in the books or accounts of the corporation or association; or (2) being a director, officer, agent, or shareholder of a corporation or joint stock association, with intent to defraud: (A) destroys, alters, mutilates or falsifies any of the books, papers, writings or securities belonging to the corporation or association; or (B) makes, or concurs in making, false entries, or omits, or concurs in omitting, to make a material entry, in a book of accounts or other record or document kept by the corporation or association shall be fined not more than $500 or imprisoned in the penitentiary not more than 10 years, or both. § 759. False reports or statements; refusal to keep books or post notices Whoever, being a director, officer or agent of a corporation or joint stock association, knowingly concurs in making, publishing or posting a written report, exhibit or statement of its affairs or pecuniary condition, or book or notice containing a material statement which is false, or refuses to make an entry in a book or post a notice required by law, other than such as are mentioned in this chapter, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both. § 760. Refusal to permit inspection of books by stockholders Whoever, being an officer or agent of a corporation and having or keeping an office within the Canal Zone, has in his custody or control a book, paper or document of the corporation, and refuses, upon lawful demand, during office hours, of a stockholder or member of the corporation to inspect or take a copy of the book, paper or document, to give him a reasonable opportunity to do so, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both. § 761. Presumption of director's knowledge as to illegality of act Every director of a corporation or joint stock association is deemed to possess such a knowledge of the affairs of the corporation as to enable him to determine whether an act, proceeding or omission of the directors is a violation of this chapter. § 762. Status as foreign corporation as a defense It is not a defense to a prosecution for a violation of this chapter that the corporation was one created by the laws of a State, government or country, if it was one carrying on business or keeping an office therefor within the Canal Zone. |