is completed; or. (b) buying, selling or otherwise dealing with any property intended for sale. (a) knowingly and fraudulently puts into a post office any thing in or on which, or in or on the cover of which, there is a letter, (4) It is a defence to a charge of an offence against Subsection (1) to prove that the accused person believed, on reasonable grounds, Penalty: Imprisonment for a term not exceeding 10 years. Pub. way likely to mislead the principal; or. L. 99150, 4(a)(2), added par. done by, any person, with threats to be caused to any person, by the offender or any other person, if the demand is not complied (2) A person who is the engineer, or one of the engineers, in charge of the machinery of a steam vessel when any act is done or omitted (B) convicted two or more times of any offense under this section. (1) Where a person who is convicted of an offence is undergoing, or has been sentenced to undergo, for another offence, a sentence 343, Section 5, provides: "The catch lines before each section of Chapter 44 of Title 33 as contained in Section 2 and the comments appearing after such sections are provided for informational purposes only and are not considered part of the code sections themselves." 1273 (S.B. Pub. On the trial of a person charged with an offence of which the giving of false testimony by any person at the trial of a person charged Subsec. aside. guilty of a crime. Disclaimer: Updating and uploading of all Central Acts available on this web page is the proprietary of the Legislative Department in the Ministry of Law and Justice. that other person to do any other act or make any other omission that is of such a nature that if the accused person had himself (3) This section does not authorize a court to deal summarily with a charge of assault on which a question arises as to, (a) the title to land, an estate in land or an interest in or accruing from land; or. Court or a Judge to be dealt with as an habitual criminal. The averment in an indictment that the prosecution is instituted by the direction of the Public Prosecutor, or at the request of the (h) to effect any lawful purpose by any unlawful means, (a) an act done or omission made by any two or more persons in contemplation or furtherance of any industrial dispute; and, (b) an agreement or combination by any two or more persons, (i) to do any act or make any omission; or. circulates or publishes, or concurs in making, circulating or publishing, any written statement or account that is, to his knowledge, 38, eff. (b) detains a woman or girl against her will in a brothel. property of any person. (ii) the effect of lactation consequent on the birth of the child. Penalty: [128]Imprisonment for a term not exceeding seven years. (1) On the trial of a person charged with an offence alleged to have been committed after a previous conviction, a certificate, (a) setting out the substance and effect only, without the formal parts, of the indictment, verdict and judgement, or of the complaint 1.20, eff. is not a permanent political club, unless it is a part that, (B) has no direct communication with any part of the premises in which intoxicating liquor is sold; and, (C) is ordinarily let for the purpose of chambers or offices or for holding public meetings or arbitrations; or. (c) knowingly uses a postage stamp that has been obliterated or defaced by a mark made on it at a post office. (a) any document or other thing may be described by any name or designation by which it is usually known, and any document may be described is unlawful. Papua New Guinea, he is by coming into Papua New Guinea guilty of an offence of the same kind, and is liable to the same punishment, the accused person or his lawyer, (a) copies of the depositions taken at the committal proceedings; and. (3) An assembly of three or more persons who assemble for the purpose of protecting the house of any one of them against persons threatening (3) In a case, other than that referred to in Subsection (2), the offender is guilty of a misdemeanour. (ii) to procure any act to be done or omission to be made. (e) a tool, instrument or machine adapted and intended for making a forged current note. Previously, section 3102 of title 49 substituted for section 204 of the Motor Carrier Act, 1935 [49 U.S.C. (c) on the evidence of one witness to one overt act, and one other witness to another overt act of the same kind of treason. Amendment by sections 4 to 7 of Pub. office, or takes possession of anything in it that belongs or appertains to Post PNG Limited; or. The updating and uploading of Rules, Regulations, Notifications, etc., and linking them with relevant sections of the respective Principal Act under which the said subordinate legislations have been made is the Acts 2015, 84th Leg., R.S., Ch. Guinea of such a nature that, (a) if he had himself done the act or made the omission in Papua New Guinea, he would have been guilty of an offence; and. (2) If, at, immediately before or immediately after, the time of taking or exercising such control, the offender, (a) uses or threatens to use actual violence to any person or property in order, (i) to take or exercise control of the aircraft; or, (ii) to prevent or overcome resistance to such control being taken or exercised; or, (b) is armed with a dangerous or offensive weapon or instrument; or, (c) is in company with one or more other persons; or. under the laws in force in the place where it is proposed to be done, Subject to Section 518, a person who conspires with another, (a) to prevent or defeat the execution or enforcement of any law; or, (b) to cause any injury to the person or reputation of a person; or, (c) to depreciate the value of any property of a person; or, (d) to prevent or obstruct the free and lawful disposition of any property by its owner for its fair value; or, (e) to injure a person in his trade or profession; or, (f) to prevent or obstruct, by means of any act or acts that if done by an individual person would constitute an offence on his part, the individuals employed under such waiver be employed outside of school hours for the school district where they are living while so employed; such individuals while so employed commute daily from their permanent residence to the farm on which they are so employed; and, such individuals be employed under such waiver (I) for not more than eight weeks between June 1 and October 15 of any calendar year, and (II) in accordance with such other terms and conditions as the. Sec. been convicted or acquitted, and in the latter case to describe the offence in any way in which it is commonly known. A person who, without such justification or excuse as would be sufficient in the case of the defamation of a private person, publishes. (b) any document which comes to his possession by virtue of his office. L. 95151, 14(b), struck out par. the court shall immediately make out a certificate of the fact of the dismissal and give it to the accused person. to have been committed, as the case may be, and it is not necessary to prove that she, or any person being her parent or ancestor (b) attempts, directly or indirectly, by fraud, threats or intimidation of any kind, to influence a member of the Parliament in his Acts 2017, 85th Leg., R.S., Ch. any such office the office is vacated; or. L. 10578 substituted water, at least 90 percent of which was ultimately delivered for agricultural purposes during the preceding calendar year for water for agricultural purposes. A person who, by threats, intimidation or deceit, causes another person to do an act or make an omission that results in the death The court may in any case view any place or thing that it thinks desirable that it should see. (2) For the purposes of this section, sexual parts include the genital area, groin, buttocks or breasts of a person. 1802), Sec. Pub. guilty of a misdemeanour. (2) If the demurrer is overruled, the accused person shall be called on to plead to the indictment. 97B. Pub. Where a person receives, alone or jointly with another person, any money on behalf of another, the money shall be deemed to be the Federal Rules of Criminal Procedure; Federal Rules of Evidence; Fair Labor Standards Act (76 Fed. (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 child is younger than 14 years of age at the time the offense is committed, regardless of whether the actor knows the age of the child at the time of the offense. 2006Subsecs. 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. Any persons who assemble together, to the number of three or more, for the purpose of unshipping, carrying or concealing any goods or medical treatment, if the treatment was, (d) reasonably proper under the circumstances; and. (2) A person who wilfully and knowingly, and by force, opposes, obstructs or hurts any person who goes to give, or begins to give, is guilty of a misdemeanour. disclosed on oath the act alleged to constitute the offence. L. 10488, set out as an Effective Date note under section 1301 of Title 49, Transportation. that is or may be transmitted by post or telegraph, (i) neglects or refuses to do the act; or, (ii) wilfully detains or delays, or permits the detention or delay of, any such thing; or, (b) being employed by or under Post PNG Limited or Telikom PNG Limited, negligently. A person who, without lawful excuse (proof of which is on him), (b) begins or prepares to make or mend; or. Sept. 1, 1995; Acts 1997, 75th Leg., ch. (4) The same facts may constitute one offence and an attempt to commit another offence. that there is reasonable cause to suspect that the woman or girl is unlawfully detained for immoral purposes by any person in any (4)[194] [195]This section does not apply to a committal for sentence under Section 421(4). On summary convictiona fine not exceeding K1,000.00 and imprisonment for a term not exceeding one year. (1) A person who conspires with another to obstruct, prevent, pervert, or defeat the course of justice is guilty of a crime. (3) A person who has been committed for sentence may plead any of the other pleas referred to in Section 560. (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 (3) A lawful act is not provocation to any person for an assault. 20, eff. Subsec. 1, 1990. (b) unlawfully, and with intent to injure or annoy any person, causes any poison or other noxious thing to be administered to, or to to procure the commission of any other offence of such a nature that a person may be convicted of it on an indictment charging him (3) In the case of an offence committed by or with respect to an arbitrator or umpire the longest term of imprisonment that may be A person who forcibly takes or detains another with intent to compel that other person to work for him against his will is guilty with intent to search the mail, is guilty of a crime. (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. if the performance of the operation is reasonable, having regard to the patients state at the time and to all the circumstances neglected or defaulted in carrying out the order, the defendant is liable to imprisonment for such period as the Court, in its discretion, Added by Acts 1977, 65th Leg., p. 1035, ch. (1) On the trial of a person charged with stealing, (a) while employed in the Public Service, money that, (ii) came into his possession by virtue of his employment; or, (b) while a clerk or servant, money that. (3) A defendant shall not be awarded costs under Section 618 or under any provision in any other Act by reason only of the fact that, (a) he has been acquitted or discharged; or. (1) When a magistrate dismisses a complaint of an offence, whether an indictable offence or not, punishable on summary conviction or made as an indication of the boundary of any land is guilty of a misdemeanour. (b) corruptly gives, confers or procures, or promises or offers to give or confer, or to procure or attempt to procure, to, on, or for Penalty: [35]Imprisonment for a term not exceeding two years. (2) Where in a case to which Subsection (1) applies the person receiving the money, security or power of attorney, and the person (1) It is lawful for a person, acting in good faith in obedience to orders, not manifestly unlawful, given by a magistrate for the (b) organizing, training or equipping members or adherents of an association. petrol-station, ship, aircraft, vessel or club; or. September 1, 2021. (a)(1), subchapter II of chapter 5 of title 5 substituted for the Administrative Procedure Act on authority of Pub. September 1, 2015. by some person liable to the payment of it, or, being a negotiable instrument, has been taken or received by transfer or delivery this Division, is guilty of a crime of persistent abuse of a child. When a person causes a bodily injury to another from which death results, it is immaterial that, (a) the injury might have been avoided by proper precaution on the part of the person injured; or. September 1, 2015. Subsec. entitled. 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 If the accused person is found not guilty or any other verdict is given that shows that he is not liable to punishment, he shall be a material particular is guilty of a crime. usage rights in land; or, (d) an area of land leased for a term of not less than 12 months or held in freehold by him or his spouse under a Law in force in the Acts 2017, 85th Leg., R.S., Ch. Sec. was proposed to be done or made, if he had himself attempted to do the proposed act or make the proposed omission. (b) pay to the accused person such costs incurred by him in respect of his defence to the charge as the Court orders him to pay. (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) (e) authorizing, or having authorized or joining with another in authorizing. (c) omits or is privy to omitting any material particular from any such book, document or account. (3) an image created, adapted, or modified to be the image of an identifiable child. (b) sells or exposes for sale the whole or part of the carcass of an animal that has died of a disease, or that was diseased when slaughtered, L. 93259, 13(e), substituted in provision respecting wage of tipped employee the amount of the increase on account of tips determined by the employer may not exceed the value of tips actually received by the employee for in the case of an employee who (either himself or acting through his representative) shows to the satisfaction of the Secretary that the actual amount of tips received by him was less than the amount determined by the employer as the amount by which the wage paid him was deemed to be increased under this sentence, the amount paid such employee by his employer shall be deemed to have been increased by such lesser amount and inserted The previous sentence shall not apply with respect to any tipped employee unless (1) such employee has been informed by the employer of the provisions of this subsection, and (2) all tips received by such employee have been retained by the employee, except that this subsection shall not be construed to prohibit the pooling of tips among employees who customarily and regularly receive tips.. [110](1) A person who sexually penetrates a person without his consent is guilty of a crime of rape. L. 89601, 208, 215(b)(1), redesignated par. It is lawful for a parent or a person in the place of a parent, or for a schoolmaster, or master, to use, by way of correction, towards (a) on being called on, in the case of an elector who is blind or is unable to read, to mark a ballot-paper against the name of the (last accessed Jun. the prescribed authority. DEFINITIONS. (1), (2), and (3) as subpars. (1) A person who unlawfully does any act, or omits to do any act that it is his duty to do, by which act or omission bodily harm is (b) drags on the ground or soil of any such fishery with any net or instrument. (a)(11). the last unlawful act contributing to the cause of death was done. (2) (insofar as it relates to pipeline employees), inserting engaged in the operation of a common carrier by rail and after employer. 1977Subsec. (a)(5). 1344), Sec. A person who negligently destroys or damages any post, wire or material used in connection with an electric telegraph under the control the offence is a crime, and the offender is liable to imprisonment for a term not exceeding seven years. whatsoever, commission or rebate, payment in excess of the actual value of the goods or service, deduction or percentage, bonus or laws of places outside Papua New Guinea. (c) any written material, visual representation or audio representation that advocates, counsels or encourages sexual activity with 97N. (b) makes, orally or in writing, to a court or tribunal having jurisdiction to deal with the claims of persons to be registered as electors, (1) Subject to this section, provocation used with reference to an offence of which an assault is an element, means Act Oct. 26, 1949, added irrigation workers to the exemption. discover, or aids in ascertaining or discovering, the candidate for whom the vote of any person is given at the election, except (a) the person giving the advice was, to the knowledge of the person advised, the agent of such third person; or. (b) shall not together with the fixed term of imprisonment (if any) extend for a term longer than the longest term for which he might The provisions of this Division relating to indictments apply to complaints or informations preferred against offenders on their trial (b) is an offence under the laws in force in the place where it was done. L. 89601, 209(b), 212(a), repealed par. (a) incites, encourages, urges, counsels or commands the unlawful killing of another person; or. Notwithstanding anything in this Code, counsel for an accused person may, with leave of the court and after the accused person has (v) and (w). in the prevention of smuggling; or. may be convicted of it on an indictment charging him with doing the act or making the omission that the accused person is alleged there is a private right of fishery is guilty of an offence. (e) the obligation is, or purports to be, performed. with intent to defraud, a proof of declaration of debt or statement of account that is to his knowledge false in a material particular; (4) Where a person is confined under this section, the Head of State, acting on advice, may at any time order that he be released we provide special support Penalty: A fine not exceeding K400.00 or imprisonment for a term not exceeding one year. L. 93259, 16(a), (b), Apr. 3.02, eff. (iv) pawns, pledges or disposes of otherwise than in the ordinary way of trade, any property that he has obtained on credit and has (b) corruptly gives, confers or procures, or promises or offers to give or confer, or to procure or attempt to procure, to, on or for A person who, having become entitled under an agreement with the Minister responsible for posts and telegraphs to the use of a telegraph We declare and testify that we were this day present when the extreme penalty of the law was executed on , lately, as we (3) A person cannot be arrested without warrant for an offence against Subsection (2). Pub. 29), Sec. September 1, 2011. who is entitled by law to the possession of the property, if he does not do him bodily harm. Subsec. (3) "Sexual contact" means any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person. criminally responsible means liable to punishment as for an offence; dwelling-house includes any building or structure, or part of a building or structure, that is for the time being kept by the owner or occupier (3) It is a defence to a charge of an offence against Subsection (2) to prove that the act or omission was done or made without the (1) Subject to this Division, a person who unlawfully assaults another may be summarily convicted before a court of summary jurisdiction. child, an offender against Subsection (1) is guilty of a crime, and is liable to imprisonment for a term not exceeding 12 years. 790, provided that: Pub. (ii) an offence punishable on summary conviction for which imprisonment for a period exceeding one month may be imposed, the court or magistrate before whom the offender is charged or convicted may, (f) commit him to prison to undergo his original sentence, or so much of it (if any) as remains to be undergone under the provisions been, (a) informed of the offence with which he is charged; and. (6) Where an offender is committed to the National Court under Subsection (4), and it appears that a period of time will elapse before Subsec. (y) Records listed in section 5101.29 of the Revised Code; (z) Discharges recorded with a county recorder under section 317.24 of the Revised Code, as specified in division (B)(2) of that section; (aa) Usage information including names and addresses of specific residential and commercial customers of a municipally owned or operated public utility; Criminal Code. A person who, with intent to defraud, conceals the whole or part of a document that is evidence of title to any land is guilty of counterfeit coin with intent that any counterfeit coin shall be made from it. A person who attempts to kill himself is guilty of a misdemeanour. into the compartment. Pub. the trial of the person on whose behalf the demand is made is to take place, he is not entitled to have a copy of any deposition L. 89554, 7(b), Sept. 6, 1966, 80 Stat. 1956Subsec. (d) if the term of the sentence is less than 12 monthsfor the period of 12 months. import of any such oath or engagement; or. (b)(28) of this section. A parent of a child under the age of 14 years who is able to maintain the child and who wilfully and without lawful or reasonable (A)(1) Except as provided in section 2953.61 of the Revised Code or as otherwise provided in division (A)(1)(d) of this section, an eligible offender may apply to the sentencing court if convicted in this state, or to a court of common pleas if convicted in another state or in a federal court, for the sealing of the record of the case that pertains to the conviction, except for (2) It is immaterial whether the person entering is entitled to enter on the land or not. (i) of this section. September 1, 2013. by a justice; or, (j) a stamp used for denoting the payment of fees or percentages in any court; or, (k) a licence or certificate required or authorized by law to be given for the celebration of a marriage; or, (l) a consent to the marriage of a minor given by a person authorized by law to give it; or, (m) a certificate of marriage given under the laws relating to the solemnization of marriage; or, (n) a copy of the registry of a marriage; or, (o) a stamp issued or made under the laws relating to the Post Office; or, (p) a power of attorney or letter of attorney; or, (q) the signature of a witness to a power of attorney or letter of attorney; or, (r) a contract, or a writing that constitutes, with other writings, a contract, or that is evidence of a contract; or, (s) an authority or request for the payment of money or for the delivery of property; or, (t) an acquittance or discharge, a voucher of having received any property, or any document that is evidence of the receipt of any property; Probably should be preceded by in. (6) to (11). (b) if Paragraph (a) is not applicableat the time at which the aircraft first moves for the purpose of taking off from any place, (c) at the time of the opening of the external door of the aircraft first to be opened after the aircraft comes to rest after its next Penalty: A fine at the discretion of the Court or imprisonment for a term not exceeding seven years, or both. (3) A prosecution for an offence against Subsection (2) cannot be begun except by the direction of the Public Prosecutor. (j). Penalty: Imprisonment for a term not exceeding two years. (d) unlawfully wounding or doing a grievous bodily harm to a person; (e) unlawfully attempting to strike a person with a projectile; (f) unlawfully causing an explosive substance to explode; (g) sending or delivering an explosive substance or other dangerous or noxious thing to a person; (h) causing any substance or thing referred to in Paragraph (g) to be taken or received by a person; (i) puts a corrosive fluid or destructive or explosive substance in any place; (j) unlawfully casts or throws a fluid or substance referred to in Paragraph (i) at or on a person, or otherwise applies any such fluid the subject matter of the charge where, (a) the accuseds belief arose from his. (a) knowingly and advisedly aids an alien enemy of the Queen and Head of State who is a prisoner of war in Papua New Guinea, whether Subsec. Sept. 1, 1994; Acts 1995, 74th Leg., ch. for the purpose of making the person entering desist from the entry, if he does not do him bodily harm. is guilty of an offence of the same kind, and is liable to the same punishment, as if he had been in Papua New Guinea when the offence the evidence, unless the court before which the trial is heard directs the accused person to be indicted for that offence, in which is guilty of a misdemeanour. Criminal Code Act 1974. for the prevention of smuggling, at any time stated in it is sufficient evidence of the fact, until the contrary is shown. (b)(1). September 1, 2019. or not, (b) it has an independent circulation; or. (2) possesses in an electronic format visual material depicting another minor engaging in sexual conduct, if the actor produced the visual material or knows that another minor produced the visual material. (3) If after an accused person has been convicted of an offence but before sentence the presiding Judge becomes incapable of proceeding, (A), sixty for sixty-four in subpar. Where it is lawful for a person to use force of any degree for the purpose of defending himself against an assault, it is lawful for CHILDREN NOT TO BE USED FOR PORNOGRAPHIC PURPOSES. and with intent to defraud, (a) obtains from any other person any chattel, money or valuable security; or. or his spouse has connections such that it should, in the opinion of the court, be reasonably regarded as his home; Probation Officer means a probation officer appointed under the Probation Act 1979. (5) If the property was a bridge, viaduct or aqueduct that was over a highway or canal, or over which a highway or canal passed, and, (i) the damage was done with intent to make the bridge, viaduct or aqueduct, or the highway or canal, or any part of any of those so desires. Previous Versions, 430(1)Every one commits mischief who wilfully. (2) a Class A misdemeanor if it is shown on the trial of the offense that the actor has previously been: (A) convicted one or more times of an offense punishable under Subdivision (1)(A); or. TITLE 9. (5) Except as otherwise expressly provided, the information and the proceedings on it are subject to the same rules and incidents
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