THE PENAL CODE

OF THE

STATE OF NEW YORK.

CHAP. 676.

AN ACT 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.

SECTION 1. Title of Code.

2. Its effect.

3.

Definition of "crime."

4. Divisions of crimes.

5. Definition of felony.

6. Definition of misdemeanor.

7. Objects of the Penal Code.

8. Prosecution and conviction.

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.

15. Id.; of misdemeanor.

SECTION 1. Title of Code. This act shall be known as the PENAL CODE OF THE STATE OF NEW YORK.

2. Its 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be deemed criminal or punishable, except as prescribed or authorized by this Cou, or by some statute of this state not repealed by it. Any act or

1

Death; or

. Imprisonment; or Fine; or

Removal from office; or

Disqualification to hold any office of trust, honor, or profit

-r the state; or

- Other penal discipline.

R. S. 995, § 54.

4. Division of crime. A crime is either

A felony; or

. A misdemeanor.

5. Definition of felony. A felony is a crime which is or may be shable by either

Death; or

Imprisonment in a state prison.

R. S. 995, § 51.

6. Definition of misdemeanor. Any other crime is a misde

nor.

7. Objects of the Penal Code. This Code specifies the classes of ons who are deemed capable of crimes, and liable to punishment for; defines the nature of the various crimes; and prescribes the and measure of punishment to be inflicted for each.

8. Prosecution and conviction. The manner of prosecuting convicting criminals is regulated by the Code of Criminal Pro

re.

9. Conviction must precede punishment. The punishments ribed by this Code can be inflicted only upon a legal conviction court having jurisdiction.

10. Jury to find a degree of crime.

Whenever a crime is dis

ished into degrees, the jury, if they convict the prisoner, must the degree of the crime of which he is guilty.

R. S. 995, § 48.

11. General rules of the construction of this act. The rule that al statute is to be strictly construed does not apply to this Code y of the provisions thereof, but all such provisions must be cond according to the fair import of their terms, to promote justice effect the objects of the law.

sentence, to determine and impose the punishment prescribed.

§ 13. Punishments, how determined. Whenever in this Cod punishment for a crime is left undetermined between certain li the punishment to be inflicted in a particular case must be detern by the court authorized to pass sentence, within such limits as be prescribed by this Code.

§ 14. Punishment of felonies when not fixed by statute person convicted of a crime declared to be a felony, for which other punishment is specially prescribed by this Code, or by other statutory provision in force at the time of the conviction sentence, is punishable by imprisonment for not more than s years, or by a fine of not more than one thousand dollars, or by

§ 15. Of misdemeanors. A person convicted of a crime decl to be a misdemeanor for which no other punishment is specially scribed by this Code, or by any other statutory provision in for the time of the conviction and sentence, is punishable by impr me in a penitentiary, or county jail, for not more than one or by a fine of not more that $500, or by both.

3. R. S., 983, § 103. See § 703.

TITLE I.

PERSONS PUNISHABLE FOR CRIME.

SECTION 16. What persons are punishable criminally.
17. Presumption of responsibility in general.
18. Same, as to child under seven years.
19. Same, as to child of seven years or more.
20 Irresponsibility, etc., of idiot, lunatic, etc.

21. Same.

22. Intoxicated persons.

23. Morbid criminal propensity.

24. Rule as to married women.

25. Rule as to persons acting under threats, etc.

26. Same, when act done in defense of self or another.

27. Exemption of public ministers.

16. What persons are punishable criminally. The follow persons are liable to punishment within the state:

1. A person who commits within the state any crime, in who in part;

2. A person who commits without the state any offense whic committed within the state, would be larceny under the laws of state, and is afterwards found, with any of the property stole feloniously appropriated within this state;