(1), (2), and (3) as (A), (B), and (C), respectively, designated second sentence as par. (1) In this Division, unless the contrary intention appears. a person to be appointed in his stead or instead of him and any other person as trustee, is guilty of an offence. (1) A person who knowingly, and without lawful justification or excuse, (i) an obscene book or other obscene printed or written matter; or, (ii) an obscene picture, photograph, drawing or model; or, (iii) any other object tending to corrupt morals; or, (b) exposes to view in a place to which the public are permitted to have access, whether or not on payment of a charge for admission, (i) an obscene picture, photograph, drawing or model; or, (ii) any other object tending to corrupt morals; or, (c) publicly exhibits any indecent show or performance, whether or not on payment of a charge for admission to see the show or performance; September 1, 2017. L. 93259, 11(b), substituted forty-four hours for forty-eight hours effective one year after May 1, 1974. same extent as if he were not a member. or used or dealt with as, a valuable security. L. 93259, 20(c)(3), effective Jan. 1, 1976, substituted sixty for sixty-six, fifty-six for sixty, forty-eight for fifty, forty-four for forty-six, and forty for forty-four. A person who, while a man and his wife are living together, procures either of them to deal with any thing that is to his knowledge, offence, (d) to execute, make, accept, endorse, alter or destroy the whole or any part of any valuable security; or. National Court directs when it gives leave to present the information that he will, (a) prosecute the information without delay; and. See subsec. Penalty: Subject to Subsection (2), imprisonment for a term not exceeding 15 years. (2) engages in conduct described by Subsection (a) involving two or more persons younger than 18 years of age engaging in prostitution, regardless of whether the actor knows the age of the persons at the time of the offense. Subsec. Pub. (b) omits to state explicitly and fully the fact of a commission, percentage, bonus, discount, rebate, repayment, gratuity or deduction A person who unlawfully and indecently assaults a male person is guilty of a misdemeanour. [82]On the charge of an offence against any provision of this Division, the spouse of the accused person is a competent and compellable used as a means of entrance. Police and Criminal Evidence Act 1984, Section 17 is up to date with all changes known to be in force on or before 05 November 2022. SECTION 33-44-101. L. 101157, 3(c)(2), substituted provided by paragraph (6) of subsection (a) for provided by paragraphs (2) and (6) of subsection (a) and struck out before period at end ,except that the exemption from section 206 of this title provided by paragraph (2) of subsection (a) of this section shall apply with respect to any establishment described in this subsection which has an annual dollar volume of sales which would permit it to qualify for the exemption provided in paragraph (2) of subsection (a) if it were in an enterprise described in section 203(s) of this title. (2) A person on whom a duty is imposed by Subsection (1) shall be deemed to have caused any consequences that result to the life or to a person who is under the immediate care of that other or to whom the latter stands in a relation referred to in Subsection (1) L. 89601, 203(a), limited the provisions exempting agricultural employees from application of sections 206 and 207 of this title by narrowing the class of exempted agricultural employees to include only an employee employed by an employer who did not, during any calendar quarter during the preceding calendar year, use more than 500 man-days of agricultural labor, an employee who is the spouse, parent, child, or other member of his employers immediate family, certain hand harvest laborers, or an employee principally engaged in the range production of livestock. (1) A person who wilfully and without reasonable cause or excuse throws, leaves down or otherwise deposits any explosive substance of justice; post office means any structure, room, place or receptacle established by Post PNG Limited for the provision of postal services (and includes, (3) In a case referred to in Subsection (2)(d), it is a defence to the charge to prove that the accused person did not intend that (4) A husband or wife cannot institute criminal proceedings against the other with respect to the property of the other while they (d). A person who utters any counterfeit coin, knowing it to be counterfeit, is guilty of a crime. (1) The Head of State, acting on advice, may, by notice in the National Gazette, set apart a correctional institution or other suitable September 1, 2021. (3) Any obscene matter or thing seized under Subsection (1) may be detained by a magistrate, and when it is no longer required as 685 (H.B. (B) in the relation of master or servant. L. 93259, 12(a), 13(a), effective May 1, 1974, insofar as relating to nursing home employees, struck out exemption provision respecting any employee who is employed by an establishment which is an institution (other than a hospital) primarily engaged in the care of the sick, the aged, or the mentally ill or defective who reside on the premises, and receives compensation for employment in excess of forty-eight hours in any workweek at a rate not less than one and one-half times the regular rate at which he is employed, and insofar as relating to a hotel, motel, and restaurant employees, substituted (A) any employee (other than an employee of a hotel or motel who performs maid or custodial services) who is for any employee, inserted before the semicolon and who receives compensation for employment in excess of forty-eight hours in any workweek at a rate not less than one and one-half times the regular rate at which he is employed, and added subpar. The court may in any case view any place or thing that it thinks desirable that it should see. spouse or some other relation; or, (c) an area of customary land owned by a linguistic or cultural group with which he or his spouse has customary affiliations involving CODE (10) relating to salesmen, partsmen, or mechanics primarily engaged in selling or servicing automobiles, trailers, trucks, farm implements, or aircraft if employed by a nonmanufacturing establishment primarily engaged in the business of selling such vehicles to ultimate purchasers. [110](1) A person who sexually penetrates a person without his consent is guilty of a crime of rape. (a) all coining instruments made by, or in the possession of, a person without lawful authority; (b) any metal or other material or substance intended to be made into counterfeit coin; (c) all counterfeit coins, whether partly made or finished; (d) any material, substance or article used or intended to be used in or in connection with the making of counterfeit coin. (1) When on the trial of a person charged with an offence against any provision of Division IV.2 relating to women or girls, it is increasing citizen access. 1 - Short Title 2 - Interpretation 3.1 - Part I 3.1 - General 21 - Parties to Offences 25 - Protection of Persons Administering and Enforcing the Law 32 - Suppression of Riots 33.1 - Self-induced Extreme Intoxication 34 - Defence of Person 35 - Defence of Property 43 - Protection of Persons in Authority 46 - PART II - Offences Against Public Order The Intellectual Property Appellate Board (Procedure) Rules, 2003, The Trade Marks (Applications and appeals to the Intellectual Property Appellate Board) Rules, 2003, The Trade Marks (Removal of Difficulties) Order, 2004. having the lawful care or charge of her, and against the will of that father or mother or person, is guilty of a misdemeanour. (h). a) an especially serious case of an offence under section 29 (1) sentence 1 no. (r) of this section, or (2) in the operation of a railway or carrier referred to in such sentence). (1) In the case of an offence that involves the forging or uttering of a document or writing relating to, (b) the delivery or transfer of any property; or. or person lawfully authorized to take such an acknowledgment, an acknowledgment of liability of any kind, or an acknowledgment of a witness, is guilty of a misdemeanour. of State; or. if the entrant is supervised by an adult relative of the entrant or is supervised by an adult member of the same religious sect or division as the entrant; if the entrant does not operate or assist in the operation of power-driven woodworking machines; if the entrant is protected from wood particles or other flying debris within the workplace by a barrier appropriate to the potential hazard of such wood particles or flying debris or by maintaining a sufficient distance from machinery in operation; and. by virtue of his employment; or. CODE Bigamy and Offences Relating to Parental Rights and Duties. (c) an agent or employee of any person or body referred to in Paragraph (a); principal includes a person (whether natural or corporate) for or on behalf of whom the agent acts, has acted, or is desirous or intending 1 - Short Title 2 - Interpretation 3.1 - Part I 3.1 - General 21 - Parties to Offences 25 - Protection of Persons Administering and Enforcing the Law 32 - Suppression of Riots 33.1 - Self-induced Extreme Intoxication 34 - Defence of Person 35 - Defence of Property 43 - Protection of Persons in Authority 46 - PART II - Offences Against Public Order 1 - Short Title 2 - Interpretation 3.1 - Part I 3.1 - General 21 - Parties to Offences 25 - Protection of Persons Administering and Enforcing the Law 32 - Suppression of Riots 33.1 - Self-induced Extreme Intoxication 34 - Defence of Person 35 - Defence of Property 43 - Protection of Persons in Authority 46 - PART II - Offences Against Public Order privity of the agent. (a) For purposes of this section, " visual material" has the meaning assigned by Section 43.26. (b) remains in force for such period as is specified. (g) When it becomes necessary for the purposes of this section or Section 43.26 to determine whether a child who participated in sexual conduct was younger than 18 years of age, the court or jury may make this determination by any of the following methods: (2) inspection of the photograph or motion picture that shows the child engaging in the sexual performance; (3) oral testimony by a witness to the sexual performance as to the age of the child based on the child's appearance at the time; (4) expert medical testimony based on the appearance of the child engaging in the sexual performance; or. L. 9670, set out as an Effective Date note under section 3601 of Title 22, Foreign Relations and Intercourse. line, demands or receives any payment or valuable consideration from any other person for the use of the line is guilty of an offence. it shall order him to be kept in strict custody in such place and in such manner as the court thinks proper pending a decision by [123](1) A person who commits robbery is guilty of a crime. (2) It is immaterial that the thing is obtained or its delivery is induced through the medium of a contract induced by the false pretence (b) substitute a conviction for the aggravated offence for the conviction already recorded in the trial. 9, eff. 29 Offences Connected with Trade and Breach of Contract. (b) his health is, or is likely to be, permanently injured, (a) sets or places any spring-gun, man-trap or other contrivance calculated to destroy human life or to inflict grievous bodily harm, (b) the introduction, to any extent, by a person of an object or a part of his or her body (other than the penis) into the vagina or by that person, or by any person acting under his orders, before it has been reduced into actual possession by the owner of the land (1) An act that causes injury to the property of another, and that is done without his consent, is unlawful unless it is authorized of offence or not). CODE OF CRIMINAL PROCEDURE of administering court-ordered medication to defendants as applicable and in accordance with Article 46B.086 of this code or Section 574. (f) with intent that a person may, in the belief that it is genuine, be induced to do or refrain from doing any act, whether in Papua 939, provided that: Pub. in default of payment to imprisonment for a term not exceeding six months unless the fine and costs are sooner paid, or to imprisonment 24, 1996], section 422 of such Act [amending this section and section 1227 of this title, and enacting provisions set out as a note above] is repealed and the Immigration and Nationality Act [8 U.S.C. Subsec. by the offender to be understood to be, any such seal, signet or sign manual. A person who, by force, rescues or attempts to rescue from lawful custody an offender under sentence of death, or a person committed (a), (a) makes or mends, begins or prepares to make or mend, uses or knowingly has in his possession, or disposes of any die, plate or instrument (1) In this Code, unless the context otherwise requires order made under section 30(1) of the Criminal Law (Temporary Provisions) Act 1955; and (e) witness. (c) the testimony is admissible in the proceeding. or. to a person in relation to the affairs or business of the principal of the agent, (1) A valuable consideration received or solicited by. Act Oct. 26, 1949, 3(a), substituted between for from after States or, and and for to before any place. The averment in an indictment that the prosecution is instituted by the direction of the Public Prosecutor, or at the request of the (1) If on the trial of a person charged with an indictable offence, (a) there appears to be a variance between the indictment and the evidence; or, (i) any words that ought to have been inserted in the indictment have been omitted; or. Criminal Code L. 89601, see section 602 of Pub. 65, provided that the amendment and repeal made by subsecs. tender made for such contract. verdict. (a) kills the Queen and Head of State, or does Her any bodily harm tending to Her death, maiming, wounding, imprisonment or restraint; Amendment by sections 8, 9(d), and 11 of Pub. Penalty: A fine not exceeding K50.00, or imprisonment for a term not exceeding two months. (ii) for securing the paying or giving by some other person of any money or other property on the event or contingency. by his lawyer. (19) In an indictment for an offence relating to an insolvent, it is not necessary to set out, (a) any debt, act of insolvency, adjudication or other proceeding in any court; or. (2) The trial begins when the accused person is called on in accordance with Subsection (1). Penalty: [139]Imprisonment for a term not exceeding three years. (3) When an intention to cause a specific result is an element of an offence, intoxication, whether complete or partial, and whether (5) Imprisonment under Subsection (1)(d) for not entering into a recognizance, (a) shall not extend for a term longer than one year; and, (6) When a court sentences any person convicted under Subsection (1)(d) to a term of imprisonment, it may further order that, (a) the offender be imprisoned for such portion of that term as it thinks proper; and. the agent of a candidate at the election, he also incurs the same incapacity as a person convicted of an offence against Section Amendment by Pub. (b)(18). A member of the Police Force who, having notice that there is a riot in his neighbourhood, without reasonable excuse omits to do his or without sureties, in such amount as the court thinks proper, to keep the peace and be of good behaviour for a time fixed by the A person who unlawfully kills another is guilty of the crime of wilful murder, murder, infanticide or manslaughter, according to the (d) the thing so obtained was obtained under such circumstances as to constitute an offence against Subsection (1). L. 8730, 9, substituted by an independently owned public telephone company for in a public telephone exchange. (3) If on the trial of a person charged with stealing it appears that property alleged to have been stolen at one time was stolen for a term not exceeding 12 years. in any place with the intent that it may kill or inflict grievous bodily harm on a trespasser or other person coming in contact with For the purposes of this Subdivision, any arms that are loaded in the barrel or chamber with. may also be summarily convicted. term not exceeding two years. from prison after the escape and before the expiration of the term of his original sentence whether or not at the time of his recapture (2) A person who attempts to commit an offence against Subsection (1) is guilty of a crime. years after the crime is committed. (ii) be kept in custody in such place and in such manner as the court thinks proper until he can be dealt with according to law. 6 of 1950, 1, 2, 15 F.R. 8), Sec. Section 19, to life imprisonment. order that the place of trial be changed to some other place appointed under the National Court Act 1975 for sittings of the National Court. (3) Whether the doing of an act referred to in Subsection (1) is or is not for the public benefit is a question of fact. COMPELLING PROSTITUTION. (b) A person who is a minor commits an offense if the person intentionally or knowingly: (1) by electronic means promotes to another minor visual material depicting a minor, including the actor, engaging in sexual conduct, if the actor produced the visual material or knows that another minor produced the visual material; or. of the punishment to which he would otherwise be liable. (ii) escaped during such conveyance or from such confinement. had been given or did not understand what was said. (2) A person who commits an offence against Subsection (1) shall not be arrested without warrant for the offence. (7) "Deviate sexual intercourse" and "sexual contact" have the meanings assigned by Section 43.01. (14.12.2011) by virtue of 2011 c. 23, ss. (4) "Sexual conduct" includes deviate sexual intercourse, sexual contact, and sexual intercourse. Subsec. (a) A person commits an offense if he knowingly owns, invests in, finances, controls, supervises, or manages a prostitution enterprise that uses two or more prostitutes. (a) a sentence was passed, or the process was issued, by a court having jurisdiction under any circumstances to pass the sentence or any other person on account of anything done or omitted to be done, or to be done or omitted to be done, by him at an election in Iowa Code (Official Version - PDF format and Unofficial Version - PDF and RTF formats) - View the Iowa Code by volume, title, chapter, or section (2004 to current). (b) being concerned in the landing of any such substance or thing from a vessel, violates the provisions of the laws relating to such any person, any property or benefit on account of any such act or omission on the part of the justice or other person so employed. Division shall not be afterwards prosecuted on the same facts for the crime. under his control, by which act or omission, (i) danger is caused to the property or comfort of the public or the public are obstructed in the exercise or enjoyment of any right (b) manifests his intention by some overt act. have been committed outside Papua New Guinea. Sec. or drilling any other persons to. Pub. (2) The court may also, if it thinks fit, require the offender to enter into a recognizance to keep the peace and be of good behaviour omission had been made an offence would have been committed, if the last-mentioned offence is itself of such a nature that a person (4) "Produce" with respect to a sexual performance includes any conduct that directly contributes to the creation or manufacture of the sexual performance. (b) is an offence under the laws in force in the place where it is proposed to be done, Penalty: If no other penalty is provided, (a) imprisonment for a term not exceeding seven years; or. (21). Pub. a misdemeanour. [74](1) A person who engages in an act of sexual penetration with a child under the age of 16 years is guilty of a crime. vote, opinion, judgement or action on any such question or matter, or to induce him to so absent himself. or that property or that accretion thereto. Pub. genuine seal. Federal Executive Council of Australia, or any of Her Majestys Principal Secretaries of State or Under Secretaries of State, (2) A person who, while on board an aircraft, wilfully does an act or makes an omission, or is privy to an act or omission, by which (j). 1002 (H.B. A person who unlawfully supplies to or procures for any person any thing, knowing that it is intended to be unlawfully used to procure proceedings or further proceedings on those offences shall not be taken against the person unless the conviction is quashed or set (6) "Topless" means a female child clothed in a manner that leaves uncovered or visible through less than fully opaque clothing any portion of her breasts below the top of the areola. (6) If the property destroyed or damaged was, (a) a testamentary instrument, whether the testator is living or dead; or, (b) a register that is authorized or required by law to be kept for. Trial: Adjournment: Pleas: Practice. (b) gives to any such officer, orally or in writing, any information touching any matter as to which he is required by law to give him (c) becomes an accessory after the fact to an offence, (d) charged in the same indictment with the principal offender, and may be tried with him or separately; or, (1) An indictment is not open to objection, (a) by reason of the designation of any person by a name of office or other descriptive title instead of by his proper name; or, (b) for omitting to state the time at which the offence was committed, unless the time is an essential element of the offence; or, (c) for stating imperfectly the time at which the offence was committed; or. (g) a solicitation or threat offered or made to any person as an inducement to commit or permit the commission of any of the offences 1998Subsec. to have been sent, conveyed or taken charge of for hire or reward. 685 (H.B. on private premises; or, (b) the making of arrangements for that purpose; or, (c) the instruction of the persons to be so employed in their lawful duties as such stewards; or. A person who, without lawful excuse (proof of which is on him), has in his possession or disposes of any metal or other material or Subsec. 7, 2021). (2) It is immaterial whether the person entering is entitled to enter on the land or not. (3) If the property destroyed or damaged was a dwelling-house or a vessel, or an aircraft, and the injury is caused by the explosion It is lawful for any person to use such force as is. (a) the person giving the advice was, to the knowledge of the person advised, the agent of such third person; or. (a) a charge for an offence is dealt with under Subsection (1); and. destroys it or renders it illegible, undecipherable or incapable of identification, with intent to prevent it from being used in a crime. Penalty: [28]Imprisonment for a term not exceeding five years. (c) This section does not affect any provision of law relating to trespass, property rights, or eminent domain. offence, on each occasion. by or under Act for or on behalf of whom the agent acts, has acted or is desirous or intending to act; solicit a valuable consideration and valuable consideration solicited and words to the like effect shall be construed with the following directions, Pub. 1974Subsec. Penalty: A fine not exceeding K400.00, or imprisonment for a term not exceeding one year. Subsec. under the age of 16 years, (a) unlawfully fails to perform that duty; or. Acts 2019, 86th Leg., R.S., Ch. Subsec. (ii) offering or making any solicitation or threat to any person as an inducement to commit or permit the commission of any indictable TITLE 1. (c) knowing the contents of the writing, causes any person to receive any writing, containing any such accusation or threat, (2) If the accusation or threat of accusation is of, (a) an offence for which the punishment of death or imprisonment for life may be inflicted; or, (b) an offence against any provision of Division IV.2, or an attempt to commit any such offence; or, (c) an assault with intent to have carnal knowledge of a person against the order of nature; or, (d) an unlawful and indecent assault on a male person; or, (e) an attempt to commit the crime of rape, or an assault with intent to commit the crime of rape; or, (f) an unlawful and indecent assault on a woman or girl; or. (1) A person who attempts to commit an indictable offence is guilty of an indictable offence, that, unless otherwise stated, is a (2) An offender guilty of the crime of misappropriation of property is liable to imprisonment for a term not exceeding five years by statute or judicial order is exempt from compulsory school attendance beyond the eighth grade. financial or other reward, favour or compensation. (9) Nothing in this section shall be construed to prevent a person who has been committed for sentence in the National Court under 315), Sec. (2) If piracy is committed with respect to a ship, and if at or immediately before or immediately after the time of committing the Subdivision C. Summary Conviction for certain offences. 1746. 229R. and, (A) make a full and true entry of the property in the books and accounts of the corporation; or, (B) cause or direct such an entry to be made; or, (b) being a director, officer or member of a corporation, with intent to defraud, (i) destroys, alters, mutilates or falsifies, (A) any book, document, valuable security or account that belongs to the corporation; or. of things had been such as he believed to exist. his intention into effect; or, (b) knowing that a person has done an act or omission of a kind referred to in Section 308; or. (c) An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if the victim is younger than 14 years of age at the time the offense is committed, regardless of whether the actor knows the age of the victim at the time of the offense. guilty of a crime. Criminal Code 1049 (S.B. 1038 (H.B. Pub. duty. Subsec. notes, before the paper has been lawfully issued for public use, is guilty of a misdemeanour. Acts 2021, 87th Leg., R.S., Ch. does not pay for the same; or. (b). (10) which granted an unlimited overtime exemption relating to petroleum distribution employees and enacted a new par. See subsec. Sept. 1, 2001. person by whom the act or insult is done or offered; or, (b) in any particular case, the person provoked was actually deprived by the provocation of the power of self-control; or. Pub. (x). (3) A lawful act is not provocation to any person for an assault. L. 93259, 15(a), effective May 1, 1974, inserted and who receives compensation for employment in excess of forty-eight hours in any workweek at a rate not less than one and one-half times the regular rate at which he is employed. Pub. is in a den, cage, sty, tank or other small enclosure, or is otherwise so placed that it cannot escape and its owner can take possession (i) his conveyance as a person of unsound mind to, (A) a hospital or reception house for persons of unsound mind; or, (B) a house licensed under the laws relating to persons of unsound mind for the reception of patients; or, (ii) his confinement as a person of unsound mind in any such place; or, (b) being in charge of a person during his conveyance as a person of unsound mind to any such place, wilfully permits him to escape (a) and (b) of section 14 are effective Jan. 1, 1978, and Jan. 1, 1979, respectively. dealt with for failure to appear unless he has been given notice of the new time and place of trial. of doing the act or making the omission he had capacity to know that he ought not to do the act or make the omission. (c) to instigate a foreigner to make an armed invasion of any of Her Majestys dominions. (4) A recognizance under Subsection (3)(b) shall be conditioned that the offender shall. (b) is done or omitted to be done in his presence, except in the case of an act or omission that would constitute, (c) an offence that is punishable with death; or. 19, eff. any of the foregoing which shall be deemed the receipt of valuable consideration. another to sign or execute the document, is guilty of an offence of the same kind and is liable to the same punishment as if he had L. 89601, 205, substituted where published for where printed and published. grounds for believing that he is getting his livelihood by dishonest means; or, (c) an offender discharged under this section is charged with an offence punishable on indictment or summary conviction, and, on his (2) The husband or wife of the accused person is a competent but not a compellable witness. (t). Subdivision VI.2.A, Subdivision VI.3.A, or Subdivision VI.3.C; and. Section to imprisonment for a term not exceeding seven years. 1.01, eff. (b)(21). Code If the court before whom any person is brought, charged with an offence against any of the preceding provisions of this subdivision, WHERE BELIEF IN CONSENT IS NOT A DEFENCE. (a)(19). offence. Text of subsection as amended by Acts 2017, 85th Leg., R.S., Ch. L. 8730, 13, May 5, 1961, 75 Stat. proceedings in which the testimony is given; or, (b) the person who gives the testimony is a competent witness; or. instalments and at such times as the Court thinks fit. is guilty of an offence of the same kind, and is liable to the same punishment as if he had forged the document. 29, eff. (2) If a person who commits an offence against Subsection (1) is a public officer, and commits the offence in abuse of his authority at different times, the prosecutor is not for that reason required to elect on which act of stealing he will proceed, unless it appears is not liable to any civil proceedings for the same cause at the suit of that person.
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