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Persons Liable to Punishment for Crime, 26. Who are capable of com- 27. Who are liable to punishmitting crimes.
ment. 26. All persons are capable of committing crimes except those belonging to the following classes:
OneChildren under the age of fourteen, in the absence of clear proof that at the time of committing the act charged against them, they knew its wrongfulness.
Four-Persons who committed the act or made the omission charged under an ignorance or mistake of fact, which disproves any criminal intent.
Five-Persons who committed the act charged without being conscious thereof.
Six-Persons who committed the act or made the omission charged through misfortune or by accident, when it appears that there was no evil design, intention, or culpable negligence.
Seven--Married women (except for felonies) acting under the threats, command, or coercion of their husbands.
Eight-Persons (unless the crime be punishable with death) who committed the act or made the omission charged under threats or menaces sufficient to show that they had reasonable cause to and did believe their lives would be endangered if they refused. 1874–422.
27. The following persons are liable to punishment under the laws of this state:
1. All persons who commit, in whole or in part, any crime within this state;
2. All who commit any offense without this state which, if committed within this state, would be larceny, robbery, or embezzlement under the laws of this state, and bring the property stolen or embezzled, or any part of it, or are found with it, or any part of it, within this state;
3. All who, being without this state, cause or aid, advise or encourage, another person to commit a crime within this state, and are afterwards found therein. 1905-638.
Parties to Crime.
30. Classification of parties to
crime. 31. Who are principals.
32. Who are accessories.
30. The parties to crimes are classified as:
1. Principals; and,
31. All persons concerned in the commission of a crime, whether it be felony or misdemeanor, and whether they directly commit the act constituting the offense, or aid and abet in its commission, or, not being present, have advised and encouraged its commission, and all persons counseling, advising, or encouraging children under the age of fourteen years, lunatics or idiots, to commit any crime, or who, by fraud, contrivance, or force, occasion the drunkenness of another for the purpose of causing him to commit any crime, or who, by threats, menaces, command, or coercion, compel another to commit any crime, are principals in any crime so committed.
32. All persons who, after full knowledge that a felony has been committed, conceal it from the magistrate, or harbor and protect the person charged with or convicted thereof, are accessories.
33. Except in cases where a different punishment is prescribed, an accessory is punishable by imprisonment in the state prison not exceeding five years, or in a county jail not exceeding two years, or by fine not exceeding five thousand dollars.
Offenses Against the Sovereignty of the State.
37. Treason, who can commit.
38. Misprision of Treason.
37. Treason against this state consists only in levying war against it, adhering to its enemies, or giving them aid and comfort, and can be committed only by persons owing allegiance to the state. The punishment of treason shall be death.
38. Misprison of treason is the knowledge and concealment of treason, without otherwise assenting to or participating in the crime. It is punishable by imprisonment in the state prison for a term not exceeding five years.
Crimes Against the Elective Franchise.
40. Election officers acting
without authority. 41. Violation election laws,
felony, certain officers. 42. Registration, when fel
ony. 42a. Same, assisting felony. 43. Refusal to be sworn, mis
demeanor. 44. Same, summons, disobey
ing, misdemeanor. 45. Voting, when fraudulent. 46. Unqualified elector, pen
alties for attempting. 47. Aiding illegal voting, fel
ony. 48. Altering ballots, felony. 49. Tampering with ballots. 49a. Unable to read or write.
Notification, penalty. 50. Altering returns, felony. 50a. Petition, false names, etc. 51. Altering returns, felony. 52. Aiding or abetting, same. 53. Same, attempting to in
fluence. 54. Money wrongfully used. 54a. Selling vote, generally.
54b. Soliciting voting, or not
voting. 55. Unlawful offers to pro
cure offices for voters. 55a. Soliciting pledges, of can
didates. 56. Informing party of offer. 57. Legislative caucus, brib
ing: 57a. Officers, abetting wrong. 58. Preventing public meet
ings. 59. Voting, unlawful solicita
tion to. 60. Betting on election. 61. Voters, violating election
law. 62. Fraudulently circulating
tickets. 62a. Anonymous circulars. 62b. Imprint, what must. 63b. Intoxicants, when pro
hibited. 64. Witnesses, when immune. 64b. Solicitors for signatures
to petitions, generally. 64 1/2 General election laws ap
ply to primaries.
40. Any person who acts as an election officer at any election, without first having been appointed and qualified as such, and any person who, not being an election officer, performs or discharges any of the duties of an election officer, in regard to the handling or counting or canvassing of any ballots cast at any election, shall be guilty of a felony, and on conviction be punished by imprisonment in the state prison for not less than two nor more than seven years. 1895–74.
41. Every person charged with the performance of any duty, under the provision of any law of this state relating to elections, who willfully neglects or refuses to perform it, or who, in his official capacity, knowingly and fraudulently acts in contravention or violation of any of the provisions of such laws, is, unless a different punishment for such acts or omissions is prescribed by this code, punishable by fine not exceeding one thousand dollars,
or by imprisonment in the state prison not exeeding five years, or by both.
42. Every person who willfully causes, procures, or allows himself to be registered in any register of electors required by law to be made or kept, knowing himself not to be entitled to such registration, is punishable by imprisonment in the state prison for not less than one nor more than three years. 1905-639.
42a. Every person who willfully causes, procures, or allows any other person to be registered in any register of electors required by law to be made or kept, knowing him not to be entitled to such registration, is punishable by imprisonment in the state prison for not less than one or more than three years. 1905-639.
43. Every person who, after being required by the board of judges at any election, refuses to be sworn, or, being sworn, refuses to answer any pertiment puestion, propounded by such board, touching the right of another to vote, is guilty of a misdemeanor. 1874–423.
44. Every person summoned to appear and testify before any board of registration, who willfully disobeys such summons, is guilty of a misdemeanor.
45. Every person not entitled to vote who fraudulently votes, and every person who votes more than once at one election, or knowingly hands in two or more tickets, folded together, or changes any ballot after the same has been deposited in the ballotbox, or adds, or attempts to add, any ballot to those legally polled at any election, by frauduently introducing the same into the ballot-box either before or after the ballots therein have been counted; or adds to, or mixes with, or attempts to add to or mix with, the ballots lawfully polled, other ballots, while the same are being counted or canvassed, or at any other time, with intent to change the result of such election; or carries away or destroys, or attempts to carry away or destroy, any poll-lists, or ballots, or ballot-box, for the purpose of breaking up or invalidating such election, or willfully detains, mutilates, or destroys any election returns, or in any manner so interferes with the officers holding such election or conducting such canvass, or with the voters lawfully exercising their rights of voting at such election, as to prevent such election or canvass from being fairly held and lawfully conducted, is guilty of a felony. 1905–639
46. Every person not entitled to vote, who frauduently attempts to vote, or who, being entitled to vote, attempts to yote more than once at any election, or who personates, or attempts to personate, a person legally entitled to vote, is punishable by imprisonment in the state prison for not less than one nor more than two years.
47. Every person who procures, assists, counsels, or advises another to give or offer his vote at any election, knowing that the person is not qualified to vote, or who aids or abets in the commission of any of the offenses mentioned in the preceding section, is punishable by imprisonment in the state prison not exceeding two years.
1905–640. 48. Every officer or clerk of election who aids in changing or destroying any poll-list, or in placing any ballots in the ballot-box, or taking any therefrom, or adds, or attempts to add, any ballots to those legally polled at such election, either by fraudulently introducing the same into the ballot-box before or after the ballots therein have been counted, or adds to or mixes with, or attempts to add to or mix with the ballots polled any other ballots, while the same are being counted or canvassed, or at any other time, with intent to change the result of such election, or allows another to do so, when in his power to prevent it, or carries away or de stroys, or knowingly allows another to carry away or destroy any poll-list, ballot-box, or ballots lawfully polled, is punishable by imprisonment in the state prison for not less than two nor more than seven years.
49. Every inspector, judge, or clerk of any election who, previously to putting the ballot of an elector in the ballot-box, attempts to find out any name on such ballot, or who opens or suffers the folded ballot of any elector which has been handed in, to be opened or examined previouly to putting the same into the ballot-box, or who makes or places any mark or device on any folded ballot with a view to ascertain the name of any person for whom the elector has voted, or who, without the consent of the elector, discloses the name of any person which such inspector, judge, or clerk has fraudulently or illegally discovered to have been voted for by such elector, is punishable by a fine of not less than fifty nor more than five hundred dollars, or by imprisonment in the county jail for not less than thirty days nor more than six months, or by both such fine and imprisonment. 1905-640.
49a. Any person acting as a member of any election board, or as a clerk upon such board, who cannot read and write the English language, or any person who refuses to act upon such board, or as a clerk thereof, after proper notification of his appointment, who is otherwise eligible, unless good and sufficient cause for such refusal is shown to the election board or board of supervisors, is guilty of a misdemeanor, and is subject to a fine of five hundred dollars, and upon failure to pay such fine, must be imprisoned in the county jail of the county for the period of one day for each two dollars of such fine. 1901—437.
50. Every person who forges or counterfeits returns of an election purporting to have been held at a precinct, town, or ward where no election was in fact held, or willfully substitutes