8 1155. Construction with other laws This article does not affect any provision of the United States Internal Revenue Code of 1954, or any successor thereto, relative to the sending, carriage, transportation, or delivery of marihuana from the Canal Zone into a State, territory, the District of Columbia, or insular possession of the United States. Bec. 1181. Murder defined. 1182. Malice defined. CHAPTER 61—HOMICIDE 1183. Degrees of murder. 1184. Injury to or obstruction of Canal or locks causing death. 1185. Punishment for murder. 1186. Manslaughter defined and classified. 1187. Punishment for manslaughter. 1188. Time of death as element; computation. 1189. Proof of corpus delicti. 1190. Excusable homicide. 1191. Justifiable homicide. 1192. Acquittal on showing of justification or excuse. 1193. Burden of establishing mitigation or justification upon trial for murder. § 1181. Murder defined Murder is the unlawful killing of a human being with malice aforethought. § 1182. Malice defined Malice, as referred to by section 1181 of this title, may be express or implied. It is express when there is manifested a deliberate intention unlawfully to take away the life of a fellow creature. It is implied when no considerable provocation appears, or when the circumstances attending the killing show an abandoned or malignant heart. § 1183. Degrees of murder (a) Murder which is: (1) perpetrated by means of poison, lying in wait, torture, or by other willful, deliberate, or premeditated act; or (2) committed in the perpetration or attempt to perpetrate arson, rape, robbery, burglary, mayhem, or any act punishable pursuant to section 543 of this title is murder of the first degree. (b) All other kinds of murder are of the second degree. § 1184. Injury to or obstruction of Canal or locks causing death Whoever, in violating section 1591 of this title, commits an act that causes the death of a person within a year and day thereafter, is guilty of murder, and shall be punished accordingly. 81185. Punishment for murder Whoever is guilty of murder in the first degree shall suffer death, or, if there be extenuating circumstances, confinement in the penitentiary for life; and whoever is guilty of murder in the second degree shall be imprisoned in the penitentiary not less than 10 years. 81186. Manslaughter defined and classified Manslaughter is the unlawful killing of a human being without malice. It is of two kinds: (1) voluntary: upon a sudden quarrel or heat of passion; and (2) involuntary: in the commission of an unlawful act not armounting to felony; or in the commission of a lawful act which might produce death, in an unlawful manner or without due caution and circumspection. § 1187. Punishment for manslaughter (a) Whoever is guilty of voluntary manslaughter shall be imprisoned in the penitentiary not more than 10 years. (b) Whoever is guilty of involuntary manslaughter shall be fined not more than $1,000 or imprisoned in jail not more than one year, or both; or, in the discretion of the court, shall be imprisoned in the penitentiary not more than 10 years. § 1188. Time of death as element; computation To establish a killing as either murder or manslaughter, it is requisite that the injured party die within a year and a day after the injury is received or the cause of death administered; in the computation of which the whole of the day on which the act was done shall be reckoned the first. § 1189. Proof of corpus delicti A person may not be convicted of murder or manslaughter unless the death of the person alleged to have been killed, and the fact of the killing by the defendant as alleged, are established as independent facts; the former by direct proof and the latter beyond a reasonable doubt. § 1190. Excusable homicide Homicide is excusable when committed by accident and misfortune or in doing a lawful act by lawful means with usual and ordinary caution and without unlawful intent. § 1191. Justifiable homicide (a) Homicide is justifiable when committed by public officers, and those acting by their command in their aid and assistance, either: (1) in obedience to a judgment of a competent court; (2) when necessarily committed in overcoming actual resistance to the execution of legal process or in the discharge of any other legal duty; or (3) when necessarily committed in retaking felons who have been rescued or have escaped, or in arresting persons charged with felony, and who are fleeing from justice or resisting the arrest. (b) Homicide is also justifiable if committed by any person when: (1) resisting an attempt to murder a person or to commit a felony or to do great bodily injury upon a person; (2) committed in defense of habitation, property or person, against one who manifestly intends or endeavors by violence or surprise to commit a felony, or against one who manifestly intends and endeavors in a violent, riotous or tumultuous manner to enter the habitation of another for the purpose of offering violence to a person therein; (3) committed in the lawful defense of such a person, or of a wife or husband, parent, child, master, mistress or servant of the person, when there is reasonable ground to apprehend a design to commit a felony or to do great bodily injury and imminent danger of such a design being accomplished; or (4) necessarily committed in attempting by lawful ways and means to apprehend person for a felony committed or in lawfully suppressing a riot, or in lawfully keeping and preserving the peace. (c) In order to justify a homicide under paragraph (3) of subsection (b) of this section, the slayer, or the person in whose behalf the defense was made, if he was the assailant or engaged in mutual combat, must really and in good faith have endeavored to avoid or escape any further struggle before the homicide was committed. (d) A bare fear of the commission of any of the offenses mentioned in paragraphs (2) and (3) of subsection (b) of this section, to prevent which homicide may be lawfully committed, is not sufficient to justify it. The circumstances must be sufficient to excite the fears of a reasonable person, and the party killing must have acted under the influence of those fears alone. § 1192. Acquittal on showing of justification or excuse Where a homicide appears to be justifiable or excusable, the person charged shall, upon his trial, be acquitted and discharged. § 1193. Burden of establishing mitigation or justification upon trial for murder Upon a trial for murder, the commission of the homicide by the defendant being proved, the burden of proving circumstances of mitigation, or that justify or excuse it, devolves upon him, unless the proof on the part of the prosecution tends to show that the crime committed only amounts to manslaughter or that the act of the defendant, of which complaint is made, was justifiable or excusable. Sec. CHAPTER 63-INCEST 1221. Incest defined; punishment. § 1221. Incest defined; punishment (a) Marriages between parents and children, between ancestors and descendants of every degree, between brothers and sisters of the half as well as the whole blood, and between uncles and nieces, or aunts and nephews, whether the relationship is legitimate or illegitimate, are incestuous. (b) Persons being within the degrees of consanguinity within which marriages are declared by subsection (a) of this section to be incestuous, who intermarry, or who commit fornication or adultery with each other, shall be imprisoned in the penitentiary not more than 10 years. Sec. CHAPTER 65-INCOMPETENT PERSONS 1251. Cruelty toward incompetents. § 1251. Cruelty toward incompetents Whoever is guilty of harsh, cruel or unkind treatment of, or neglect of duty toward, an idiot, imbecile or insane person, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both. Sec. CHAPTER 67-INDECENT OR IMMORAL CONDUCT 1281. Indecent or immoral conduct generally; rules and regulations; punish ment. 1282. Indecent exposures, exhibitions and pictures. 1283. Seizure and destruction of indecent articles. § 1281. Indecent or immoral conduct generally; rules and regulations; punishment (a) It is unlawful to engage in or permit any indecent or immoral conduct. (b) For the purpose of enforcing subsection (a) of this section, the President may prescribe, and from time to time amend, rules and regulations to assert and exercise the police power in the Canal Zone, or for any portion or division thereof. (c) Whoever violates a regulation issued pursuant to subsection (b) of this section shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both. § 1282. Indecent exposures, exhibitions and pictures (a) Whoever willfully and lewdly: (1) exposes the private parts of his person in a public place or a place where there is present another person to be offended or annoyed thereby; (2) procures, counsels or assists a person so to expose himself, or to take part in a model artist exhibition, or to make any other exhibition of himself to public view or to the view of any number of persons, such as is offensive to decency, or is adapted to excite to lewd or vicious thoughts or acts; (3) writes, composes, stereotypes, prints, publishes, sells, distributes, keeps for sale or exhibits an obscene or indecent writing, paper, publication, picture, film, print, figure, or book; or designs, copies, draws, engraves, paints or otherwise prepares an obscene or indecent picture, film, or print; or molds, casts or otherwise makes an obscene or indecent figure; (4) produces, prepares, manufactures, sells, distributes, keeps for sale, exhibits, buys, rents, operates, uses, keeps or maintains recordings, transcriptions, or mechanical, chemical or electrical reproductions, or any other articles, equipment, machines or materials, used or intended to be used in producing or reproducing lewd or obscene song, ballad, or other words, whether spoken ɔr sung; (5) writes, composes or publishes a notice of advertisement of any item, article, equipment, machine, or material mentioned in paragraphs (3) and (4) of this subsection; or (6) sings or speaks a lewd or obscene song, ballad or other words in a public place, or in a place where there are persons present to be annoyed thereby shall, except as provided by subsection (b) of this section, be fined not more than $100 or imprisoned in jail not more than 30 days, or both. (b) Upon a second and each subsequent conviction of violating paragraph (1) of subsection (a) of this section, or upon a first conviction of violating that paragraph after a previous conviction of violating section 543 of this title, the offender shall be imprisoned in the penitentiary not more than five years. § 1283. Seizure and destruction of indecent articles Every person authorized or enjoined to arrest a person for a violation of paragraph (3), (4) or (5) of subsection (a) of section 1282 of this title shall seize any or all items, articles, equipment, machines, or materials, referred to in those paragraphs, found in the possession or under the control of the person arrested. Upon a conviction of the accused, and after the expiration of the time for appeal, any items, articles, equipment, machines, or materials, in respect whereof the accused stands convicted, shall be destroyed. Sec. CHAPTER 69—KIDNAPING AND SIMILAR OFFENSES 1311. Acts constituting kidnaping; punishment. 1312. Kidnaping for ransom, extortion, or robbery; bodily harm; conspiracy. 1313. Extortion by posing as kidnaper or by claiming ability to obtain release of victim. 1314. Child stealing. § 1311. Acts constituting kidnaping; punishment (a) Whoever, without lawful authority: (1) forcibly steals, takes, or arrests a person and moves, carries, or takes him from one place to another within the Canal Zone or into any other jurisdiction; (2) forcibly takes or arrests a person with a design to take him out of the Canal Zone without having established a claim according to the laws of the Canal Zone or of the United States applicable in the Canal Zone; or (3) by false promises, misrepresentations, or the like, hires, persuades, entices, decoys, or seduces a person to go out of the Canal Zone or to be taken or removed therefrom with the intent to sell the person into slavery or involuntary servitude or otherwise to employ the person for his own use or for the use of another, without the free will and consent of the persuaded person, or unlawfully to deprive the person of his liberty is guilty of kidnaping, and, except as otherwise provided in this chapter, shall be imprisoned in the penitentiary not more than 25 years. (b) Paragraphs (1) and (2) of subsection (a) of this section do not apply to a person who commits an act described therein upon his own minor child. § 1312. Kidnaping for ransom, extortion, or robbery; bodily harm; conspiracy (a) Whoever: (1) steals, seizes, takes, confines, inveigles, entices, decoys, abducts, conceals, kidnaps, moves or carries away a person, by any means whatsoever, with intent to hold or detain him, or holds or detains him, for ransom or reward or for the purpose of committing extortion or of exacting money or other valuable thing from his relatives, friends or any other person; or (2) kidnaps or carries away a person for the purpose of committing robbery shall be punished by death if the kidnaped person has not been liberated unharmed, and if the jury so recommends, or by imprisonment in the penitentiary for any term of years or for life, if the death penalty is not imposed. (b) If two or more persons conspire to violate subsection (a) of this section, and one or more of them do any overt act to effect the object of the conspiracy, each of the conspirators shall be punished as provided in subsection (a) of this section. § 1313. Extortion by posing as kidnaper or by claiming ability to obtain release of victim (a) Whoever, for the purpose of obtaining a ransom or reward, or with the intent to extort or exact from a person any money or thing of value, poses as, or in any manner represents himself to be, a person: (1) who has stolen, seized, taken, confined, inveigled, enticed, decoyed, abducted, concealed, kidnaped, moved or carried away another person, or who holds or detains him, or who has aided or abetted in any such act; or (2) who has the influence, power, or ability to obtain the release of a person who has been stolen, seized, taken, confined, inveigled, enticed, decoyed, abducted, concealed, kidnaped, moved or carried away shall be imprisoned in the penitentiary for any term of years or for life. (b) Subsection (a) of this section does not prohibit a person who, in good faith, believes that he can rescue a person upon whom an act specified by section 1312(a) (1) of this title has been committed, and who has had no part in, or connection with, the commission thereof, from offering to rescue or obtain the release of the victim for a monetary consideration or other thing of value. |