Chapter LXII: Crimes and Misdemeanors

§1. The statutes of each state define the crimes of which its laws take cognizance. The definitions given in this chapter, agree substantially, it is presumed, with those of similar crimes in every state in the union. The statutes also prescribe the penalties, which are not precisely the same in all the states. Nor is there in any state an equal measure of punishment inflicted in all cases for the same offense. The laws usually declare the longest and the shortest terms of imprisonment, and the highest and lowest fines, leaving the exact measure of punishment, except for crimes punishable by death, to the discretion of the judges, to be fixed according to the aggravation of the offense.

§2. The laws of the several states differ in respect to the number of crimes made punishable by death. In some states the penalty of death is annexed to the crime of murder only. Treason is punishable by death; but as this offense is defined and made punishable by the laws of the United States, not all the states take cognizance of it. If committed in such states, it is tried in the courts of the United States. In New York, murder, treason, and arson in the first degree, are punishable by death. Few states make more than these crimes thus punishable. In two or three states, the penalty of death has been abolished, and imprisonment for life substituted.

§3. Crimes punishable by death, are called _capital_ crimes, and their punishment is called _capital_ punishment. The word capital is from the Latin _caput_, which means head; and so has come to signify the highest or principal. Hence, probably, the application of the word capital to the principal crimes receiving the highest punishment, which was formerly practiced extensively in other countries by beheading or _decapitating_ the criminals.

§4. _Treason_ is defined by statute to be, levying war in any state against the people of the state; or a combination of two or more persons, attempting by force to usurp or overturn the government of the state; or in adhering to enemies of the state while separately engaged in war with a foreign enemy, and giving them aid and comfort.

§5. _Murder_ is the killing of a person deliberately and maliciously, and with intent to effect death; or killing a person in committing some other crime, though not with a design to effect death; or in killing a person purposely and without previous deliberation. The less aggravated cases of murder, are in some states distinguished as murder in the second degree, and punished by imprisonment for a long term, or for life.

§6. _Manslaughter_ is killing a person either upon a sudden quarrel, or unintentionally while committing some unlawful act. The statutes of New York define four different degrees of manslaughter.

§7. _Arson_ is maliciously burning any dwelling-house, shop, barn, or any other building, the property of another. Arson in the first degree, which is burning an inhabited dwelling _in the night time_, is in some states punishable with death.

§8. _Homicide_ signifies mankilling. It is of three kinds: felonious, justifiable, and excusable. When felonious, it is either murder or manslaughter. _Justifiable_ homicide is that which is committed in the necessary defense of one's person, house, or goods, or of the person of another when in danger of injury; or that which is committed in lawfully attempting to take a person for felony committed, or to suppress a riot, or to keep the peace. _Excusable_ homicide is the killing of a person by accident, or while lawfully employed, without any design to do wrong. In the two last cases there is no punishment.

§9. Intentionally _maiming_ another by cutting out or disabling the tongue or any other member or limb; inveigling or _kidnapping_; _decoying_ and taking away children; _exposing children_ in the street to abandon them; committing or attempting an assault with _intent to kill_, or to commit any other felony, or in resisting the execution of a legal process; _administering poison_ without producing death; _poisoning any well_ or spring of water; are all felonies, and punishable as such.

§10. _Burglary_ is maliciously and forcibly breaking into and entering in the night time, any dwelling-house or other building, with intent to commit a crime. Breaking into and entering a house by day, is considered a minor degree of burglary.

§11. _Forgery_ consists in falsely making, counterfeiting, or altering any instrument of writing, with intent to defraud. The word _counterfeiting_ is generally applied to making false coin or bank notes, or in passing them; or in having in possession any engraved plate, or bills unsigned, which are intended to be used for these purposes.

§12. _Robbery_ is the taking of personal property from another in his presence and against his will, by violence, or by putting him in fear of immediate injury to his person. Knowingly to send or deliver, or to make for the purpose of being sent, a letter or writing, threatening to accuse any one of crime, or to do him some injury, with intent to extort or gain from him any money or property, is considered an _attempt to rob_, for which the offender may be imprisoned.

§13. _Embezzlement_ is fraudulently putting to one's own use what is intrusted to him by another. To buy or receive property knowing it to have been embezzled, is to be guilty of the same offense. Embezzling is usually punishable in the same manner as larceny of the same amount.

§14. _Larceny_ is theft or stealing. The stealing of property above a certain amount in value is called _grand larceny_, and is a state prison offense. If the value of the property stolen is of less amount, the offense is called _petit larceny_, and is punished by fine or imprisonment in jail or both.

§15. _Perjury_ is willfully swearing or affirming falsely to any material matter, upon an oath legally administered. _Subornation of perjury_ is procuring another to swear falsely; punishable as perjury.

§16. _Bribery_ is promising or giving a reward to a public officer, to influence his opinion, vote or judgment. A person _accepting_ such bribe, is punishable in the same manner, and forfeits his office, and, in some states, may never hold another public trust. This offense is not in all the states punishable by imprisonment in the state prison.

§17. _Dueling_ is a combat between two persons with deadly weapons. Killing another in a duel is murder, and punishable with death. If death does not ensue, imprisonment. Challenging, or accepting a challenge to fight, or to be present as a second, imprisonment. Dueling is not a punishable offense in every state.

§18. Aiding or attempting to aid a prisoner committed for felony, to _escape from confinement_, or forcibly rescuing a prisoner charged with crime, from the custody of a public officer, is a crime. If the offense for which the prisoner is committed is less than felony, the punishment is imprisonment in jail, or fine, or both.

§19. _Bigamy_ is the crime of having two or more wives, and is also called _polygamy_. But bigamy literally signifies having _two_ wives, and polygamy any number more than one. These words, in law, are applied also to women having two or more husbands. A person having a lawful husband or wife living, and marrying another person, is guilty of bigamy. An unmarried person, also, who shall marry the husband or wife of another, is punishable in like manner.

§20. _Incest_ is the marrying or cohabiting together as husband and wife, of persons related to each other within certain degrees.

§21. _Opening a grave_ and removing a dead body for any unlawful purpose, or purchasing such body knowing it to have been unlawfully disinterred, is a crime. This offense is in some states punishable by imprisonment in a county jail, or by fine, and not in a state prison.

§22. Persons sometimes advise or are knowing to the commission of felonies, but are not actually engaged in committing them. Such are _accessories_. He who advises or commands another to commit a felony, is called an _accessory before the fact_, and is punished in the same manner as the principal. If he conceals the offender after the offense has been committed, or gives him any aid to prevent his being brought to punishment, he is an _accessory after the fact_, and may be imprisoned or fined.

§23. _Assault and Battery_ is unlawfully to assault or threaten, or to strike or wound another. Besides being liable to fine and imprisonment, the offender is liable also to the party injured for damages.

§24. A _riot_ is the assembling together of three or more persons, with intent forcibly to injure the person or property of another, or to break the peace; or agreeing with each other to do such unlawful act, and making any movement or preparation therefor, though lawfully assembled. When riotous persons are thus assembled, and are proceeding to commit offenses, any judge, justice, sheriff, or other ministerial officer, may in the name of the state, command them to disperse. If they refuse, the peace officers are required to call upon all persons near to aid in taking the rioters into custody. Persons refusing to assist may be fined.

§25. A sheriff or other officer voluntarily suffering a prisoner charged with or convicted of an offense, to _escape_, from his custody, is guilty of a misdemeanor. To _rescue_ a prisoner thus charged or convicted, is punishable in a similar manner. It is also a misdemeanor to assist a criminal, with a view to effect his escape, though he does not escape from jail.

§26. A person taking upon himself to act as a public officer, and taking or keeping a person in custody unlawfully or without authority, is _false imprisonment_; for which the offender may be fined or imprisoned.

§27. The offenses mentioned in the last four sections, being of a lower grade than those defined in the preceding sections, and not being punishable in a state prison, are usually called _misdemeanors_, and are punishable by fine or imprisonment in a county jail. There are numerous other misdemeanors and immoralities, as profane cursing and swearing, betting and gaming, horse racing, disturbing religious meetings, sabbath-breaking, trespasses and injury to property, and many disorderly practices, all of which are punishable in a like manner.

Law of Nations.