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.

WILLIAM H. SILVERNAIL.

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

TITLE

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.

Sections.

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,