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TITLE II.

Of crimes, and the punishment thereof.

CHAPTER 129. Of treason, and advising insurrection of slaves.
CHAPTER 130. Of offences against the lives and persons of individuals.
CHAPTER 131. Of offences against private property.
CHAPTER 132. Of forgery and counterfeiting.

CHAPTER 133. Of offences against public justice.

CHAPTER 134. Of offences against the public peace.
CHAPTER 135. Of offences against morality and decency.
CHAPTER 136. Of offences against the public health.

CHAPTER 137. Of offences against public policy.

CHAPTER 138. Of offences by negroes.

CHAPTER 139. General provisions concerning crimes and punishments.

CHAPTER 129.

OF TREASON, AND ADVISING INSURRECTION OF SLAVES.

SECTION

1. Treason and misprision of treason.

SECTION 1. Treason, and misprision of treason, against the government of the United States, as defined by the constitution and laws thereof, shall be proved and punished as therein prescribed.

SEC. 2. If any person, free or slave, advise or conspire with any other person, free or slave, to make an insurrection of slaves, or with any person to induce a slave to make insurrection, he shall, on conviction thereof, be punished with death, whether such insurrection be made or not.

SECTION

2. Advising or conspiring with slaves to rebel, &c.

CHAPTER 130.

OF OFFENCES AGAINST THE LIVES AND PERSONS OF INDIVIDUALS.

SECTION

3. Manslaughter, voluntary and involuntary, defined and punished.

4. Manslaughter, assisting at self-murder.

5. Manslaughter by dangerous animals at large.

SECTION

MURDER AND MANSLAUGHTER.

1 Murder in the first degree defined and

punished.

2. Murder in the second degree defined and punished.

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SECTION 1. If any person shall purposely and of deliberate and premeditated malice, or in the perpetration, or attempt to perpetrate, any rape, robbery, arson, or burglary, or by administering poison, or causing the same to be done, kill another; every such person shall,

except as hereinafter specially provided, be deemed guilty of murder in the first degree, and, upon conviction thereof, shall suffer death.

SEC. 2. If any person shall purposely and maliciously, but without deliberation and premeditation, kill another, every such person shall be deemed guilty of murder in the second degree, and, upon conviction thereof, shall be imprisoned in the penitentiary during life.

MANSLAUGHTER.

SEC. 3. If any person shall unlawfully kill another, without malice, either upon a sudden quarrel or unintentionally, while the slayer is in the commission of some unlawful act, every such person shall be deemed guilty of manslaughter. Voluntary manslaughter shall be punished by confinement in the penitentiary not less than two nor more than twenty years. Involuntary manslaughter, by confinement, as aforesaid, not less than one nor more than ten years, or as a misdemeanor, in the discretion of the court.

SEC. 4. Every person deliberately assisting another in the commission of self-murder, or advising him thereto, shall be deemed guilty of manslaughter, and be punished by confinement in the penitentiary not less than one nor more than ten years.

SEC. 5. If the owner of a dangerous animal wilfully suffer it to go at large, or shall keep it without ordinary care, and such animal, while so at large or not confined, kill a human being who shall have taken all the precautions which the circumstances may permit to avoid such animal, such owner shall be deemed guilty of manslaughter, and be punished by confinement in the penitentiary not less than one nor more than five years.

DUELING.

SEC. 6. If any person, by previous agreement made within this District, fight a duel without the limits of the same, and, in so doing, inflict a mortal wound, he shall be deemed guilty of murder in the first degree within this District, and, on conviction thereof, shall suffer death.

SEC. 7. If any person, by like agreement, be the second of either party in such duel as is mentioned in the preceding section, and be present when such mortal wound is inflicted, he shall be deemed an accessory before the fact to the crime of murder in the first degree within this District, and, on conviction thereof, shall suffer death.

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SEC. 8. If any person fight a duel with any deadly weapon, though no death ensue, or send or deliver to another a challenge, or message intended to be a challenge, oral or written, to fight with him a duel, he shall, on conviction thereof, though no duel ensue, be punished by imprisonment in the penitentiary for a term not exceeding five years, in the discretion of the court.

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SEC. 9. If any person accept, or knowingly carry or deliver any such challenge or message, or the acceptance thereof, or advise, encourage, or promote such duel, whether such duel take place or not, he shall, on conviction thereof, be punished by imprisonment in the penitentiary for a term not exceeding three years, in the discretion of the court.

SEC. 10. If any person leave this District for the purpose of eluding the provisions of the Code respecting dueling or challenges to fight, and without the District engage in a duel, though no death ensue; or challenge another; or send or deliver a message intended to be a challenge to fight such duel; or accept, or knowingly carry or deliver any such challenge or message; or be present at the fighting of such duel with deadly weapons, as an aid, second, or surgeon; or advise, encourage, or promote such duel, he shall be deemed as guilty, and subject to the like punishment, as if the offence had been committed within this District.

SEC. 11. Every offender may plead a former conviction or acquittal for the same offence in any State or county, and the same, being established, shall be a bar to any further proceedings against such person, under preceding sections six, seven, and ten.

SEC. 12. If any person shall assault or beat another, or cause him to be assaulted or beaten, within the District of Columbia, for not fighting a duel with a deadly instrument, or for not sending or accepting a challenge to fight such duel; or shall post another; or, in writing or in print, use any contemptuous or reproachful language to or concerning another, for not fighting such a duel, or for not sending or accepting a challenge to fight such a duel, he shall be confined in jail not more than two years, and be fined not exceeding five hundred dollars.

POISONING AND ABORTION.

SEC. 13. If any person shall mingle any poison or destructive thing

with any food, drink, or medicine, with intent to kill or injure any other person, or shall wilfully poison any spring, well, or reservoir of water, with such intent, he shall be punished by imprisonment in the penitentiary not less than ten nor over thirty years,

SEC. 14. If, except as provided in preceding section, any person administer, or attempt to administer, poison or any destructive thing to another, with intent to kill or injure the person to whom the same shall be administered, or if poison shall be prepared, with the intent aforesaid, and the same be taken by any person, whereby an injury to such person may ensue, the person so offending shall, upon conviction, be imprisoned in the penitentiary not less than five nor more than twenty years.

SEC. 15. Any physician or other person who shall administer to any woman pregnant with a quick child, any medicine, drug, or substance whatever, or shall use any instrument or other means with intent to destroy such child, shall, in case of the death of such child or mother in consequence thereof, be imprisoned in the penitentiary not less than two nor more than ten years.

SEC. 16. Any physician or person who shall wilfully administer to any pregnant woman, any medicine, drug, or substance whatever, or use any instrument or other means, with the intent thereby to procure the miscarriage of such woman, shall, upon conviction, be punished by imprisonment in the penitentiary not less than one nor more than five years.

SEC. 17. No person shall be punished by reason of any act mentioned in the two sections immediately preceding, where such act is done in good faith, with the intention of saving the life of such woman or child.

SEC. 18. If any physician, while in a state of intoxication, shall, without a design to take life, administer any poison, drug, or other medicine, or do any act to a patient which shall produce the death of such patient, he shall, on conviction thereof, be imprisoned in the penitentiary not less than two nor more than ten years.

SEC. 19. If any physician, while in a state of intoxication, shall prescribe any poison, drug, or medicine to a patient which shall endanger the life of such patient, he shall, on conviction thereof, be

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