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THE
PENAL CODE
OF THE
STATE OF NEW YORK,
WITH ALL THE AMENDMENTS TO AND INCLUDING
THE YEAR 1897.
A COMPLETE INDEX
AND
FULL ANNOTATION OF ALL THE DECISIONS
RELATING THERETO TO
SEPTEMBER 1, 1893.
WITH APPENDIX CONTAINING ANNOTATIONS TO JUNE 1, 1897.
BY
WILLIAM H. SILVERNAIL.
1897
W. C. LITTLE & CO., LAW PUBLISHERS,
ALBANY, N. Y.
Copyright, 1897.
TABLE OF CONTENTS OF THE PENAL CODE
Sections.
I. PERSONS PUNISHABLE FOR CRIME...
PRELIMINARY PROVISIONS...
TITLE
II. OF PARTIES TO CRIMES......
III. DEGREES IN THE COMMISSION OF CRIMES AND AT-
1-15
16-27
28-33
TEMPTS TO COMMIT CRIMES...
34-36
IV. TREASON.
37-40
V. OF CRIMES AGAINST THE ELECTIVE FRANCHISE....
VI. OF CRIMES BY AND AGAINST THE EXECUTIVE POWER
41-41y
IV. Forging, stealing, mutilating and falsifying judicial
CHAPTER
X. OF CRIMES AGAINST THE PERSON AND AGAINST PUB-
LIC DECENCY AND GOOD MORALS:
172-178
179-205
206-210
211-216
217-223
224-233
234-241
242-254a
I. Crimes against religious liberty and conscience..... 255–277
II. Rape, abduction, carnal abuse of children, and se-
duction ....
III. Abandonment and neglect of children..
IV. Abortions and concealing death of infant..
278-286
287-293
291-297
CHAPTER V. Bigamy, incest and the crime against nature.
298-304
VI. Violating sepulture and the remains of the dead... 305-315
VII. Indecent exposures, obscene exhibitions, books and
XII. OF CRIMES AGAINST THE PUBLIC HEALTH AND
SAFETY
385-447a
577a-579
580-5858
XIII. Frauds relative to documents of title to merchan-
II. Burglary and housebreaking.
III. Forgery and counterfeiting....
IV. Larceny, including embezzlement..
V. Extortion and oppression....
VI. False personation and cheats.....
VII. Fraudulently fitting cut and destroying ships and
vessels.....
... 575-577
VIII. Misconduct and frauds in relation to insurance cor-
porations, associations and societies....
IX. False weights and measures....
frauds in their management.
496-508
509-527
528-551
552-561
562-574
THE PENAL CODE.
CHAPTER 676, LAWS OF 1881.
AS AMENDED BY LAWS OF 1882, 1883, 1884, 1885, 1886, 1887, 1888,
1889, 1890, 1891, 1892 and 1893.
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. Division of crimes.
5. Definition of felony.
6. Definition of m sdemeanor.
7. Objects of the Penal Code.
8. Procedure, how regulated.
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. Corporations punishable by fine.
14. Punishment of felonies when not fixed by statute.
15. Punishment of misdemeanors.
SECTION 1. Title of Code. This act shall be known as the Penal Code of the State of New York.
See notes under section 7, post.
§ 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 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.
A section of this Code, even if it purported to enact a rule applicable to past
as well as future transactions, is void as to the former only. in case they are
separable. People v. O'Neil, 109 N. Y., 262; 14 St. Rep., 829; Jaehne v. People,
6 N. Y. Cr.. 240.
See Darrow v. Family Fund Society, 116 N. Y., 542; 27 St. Rep., 476;
People v. Jaehne, 3 St. Rep., 111; 103 Ň. Y., 193; 4 N. Y. Cr., 193; People v.
Beckwith, 7 id., 148; 12 St. Rep., 795; People v. Bernardo, 1 N. Y. Cr., 248;
People. Hollenbeck, id., 431, note; 65 How., 401; People v. Hatter, 22 N. Y.
Su p., 690,