TABLE OF CONTENTS PRELIMINARY PROVISIONS.......... TITLE I-PERSONS PUNISHABLE FOR CRIME.. III.-DEGREES IN THE COMMISSION OF CRIMES AND ATTEMPTS TO COMMIT CRIMES..... V. OF CRIMES AGAINST THE ELECTIVE FRAN- VI.-OF CRIMES BY AND AGAINST THE EXECU. I. Bribery and corruption..... III. Escapes and aiding therein.... IV. Forging, stealing, mutilating and falsify. ing judicial and public records and TITLE IX.-OF CRIMES AGAINST THE PERSON. 1-15 16-27 28-33 34-36 37-40 41 42-58 59-70 ...... 71-81 82, 83 84-93 94, 95 96-106 107-113 TITLE X.-OF CRIMES AGAINST THE PERSON AND AGAINST PUBLIC DECENCY AND GOOD CHAPTER I. Crimes against religious liberty and con- science.. 278-286 III. Abandonment and neglect of children.. 287-293 II Burglary and housebreaking. III. Forgery and counterfeiting... IV. Larceny, including embezzlement..... IX. False weights and measures. X. Fraudulent insolvencies by individuals. 586-589 XI. Fraudulent insolvencies by corporations, and other frauds in their management 590-614 THE PENAL CODE. CHAPTER 676, LAWS OF 1881, To establish a Penal Code. PASSED July 26, 1881; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: PRELIMINARY PROVISIONS. SEC. 1. Title of Code. 2. Its effect. 3. Definition of "crime." 4. Division of crimes. 5. Definition of felony. 6. Definition of misdemeanor. 9. Conviction must precede punishment. 10. Jury to find degree of crime. 11. General rules of construction of this act. 12. Of sections declaring crimes punishable. 13. Punishments, how determined. 14 Punishment of felonies when not fixed by statute. SECTION 1. Title of Code.-This act shall be known as the Penal Code of the State of New York. § 2. When and how far Code takes effect.-No act or omission begun after the beginning of the day on which this Code takes effect as a law, shall be deemed criminal or punishable, except as prescribed or authorized by this Code, or by some statute of this state not repealed by it. Any act or omission begun prior to that day may be inquired of, prosecuted and punished in the same manner as if this Code had not been passed. § 3. Definition of "crime."-A crime is an act or omission forbidden by law, and punishable upon conviction by 5. Disqualification to hold any office of trust, honor, or profit under the state; or 6. Other penal discipline. Malice when not an ingredient of prohibited act. Peo. v. Reid, 47 Barb., 235. Acting under orders. Peo. v. Melius, 1 N. Y. Cr., 39. § 4. Division of crimes.-A crime is either 1. A felony; or 2. A misdemeanor. § 5. Definition of felony.-A felony is a crime which is or may be punishable by either 1. Death; or 2. Imprisonment in a state prison. Where power to imprison in state prison, is discretionary, offense felony. Peo. v. Van Steenburgh, 1 Park., 39; Peo. v. Borges, 6 Abb. Pr., 132. See Peo. v. Lyon, 98 N. Y. -, rev'g 33 Hun, 623. § 6. Definition of misdemeanor.-Any other crime is a misdemeanor. Peo. v. Lyon, 1 N. Y. Cr., 400. § 7. Objects of the Penal Code. This Code specifies the classes of persons who are deemed capable of crimes, and liable to punishment therefor; defines the nature of the various crimes; and prescribes the kind and measure of punishment to be inflicted for each. § 8. Procedure, how regulated.—The manner of prosecuting and convicting criminals is regulated by the Code of Criminal Procedure. Ch. 442 of 1881. Davis v. § 9. Conviction must precede punishment.-The punishments prescribed by this Code can be inflicted only upon a legal conviction in a court having jurisdiction. See3, Code Cr. Proc.; Art. 1, § 1, N. Y. Const. Am. Soc., etc., 75 N. Y., 362. When a penalty excludes punishment. Peo. v. Hislop, 77 N. Y., 331. Ex prte Janes, 30 How., Pr., 446. Increased punishment for locality. Ex parte Bayard, 25 Hun, 546, rev'g 61 How. Pr., 294. See ex parte Coughlin, 62 ib., 34; ex parte Trimble, ib., 61. Lawful act of one cannot be made prima facie eviden of another's guilt. Peo. v. Lyon, 27 Hun, 180. § 10. Jury to find degree of crime.-Whenever a crime is distinguished into degrees, the jury, if they convict the prisoner, must find the degree of the crime, of which he is guilty. Code Cr. Proc., § 444. § 11. General rules of construction of this act · The rule that a penal statute is to be strictly construed does not apply to this Code or any of the provisions thereof, but all such provisions must be construed according to the fair import of their terms, to promote justice and effect the objects of the law. § 12. Of sections declaring crimes punishable.The several sections of this Code which declare certain crimes to be punishable as therein mentioned, devolve a duty upon the court authorized to pass sentence, to determine and impose the punishment prescribed. Whenever § 13. Punishments, how determined. in this Code the punishment for a crime is left undetermined between certain limits, the punishment to be inflicted in a particular case must be determined by the court authorized to pass sentence, within such limits as may be prescribed by this Code. § 14. Punishment of felonies when not fixed by statute.-A person convicted of a crime declared to be a felony, for which no other punishment is specially prescribed by this Code, or by any other statutory provision in force at the time of the conviction and sentence, is pun |