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conviction being had, may, in its discretion, substitute, in lieu of the prescribed punishment, punishment by stripes.
SEC. 4. In all cases where a slave is convicted of felony, and the punishment of such offence is in part by fine, the court shall substitute stripes in lieu of such fine.
SEC. 5. Whenever punishment by stripes is prescribed, the number of stripes shall be in the discretion of the court by which the offence is tried, so as not to exceed thirty-nine at one time and one hundred in all. Such punishment shall be inflicted privately.
SEC. 6. If any negro, free or slave, shall have carnal knowledge of any white woman or white female child, forcibly or by fraud, and against her will, or if any negro, free or slave, of the age of sixteen years or upwards, shall carnally know and abuse any female white child under the age of twelve years with her consent, every such person so offending shall be deemed guilty of a rape, and, upon conviction thereof, shall suffer death.
SEC. 7. If any negro, free or slave, sixteen years of age or upwards, shall have carnal knowledge of any insane white woman or child, he knowing her to be insane, he shall, upon conviction, be deemed guilty of rape, and suffer death.
SEC. 8. All assaults committed by any such negro upon a white woman or child, with intent to perpetrate either of the offences mentioned in the preceding two sections, shall be punished by death, or, in the discretion of the court, by imprisonment in the penitentiary not less than five nor more than twenty years.
SEC. 9. If a negro, free or slave, commit an offence upon the body of a negro woman or child, similar to either of those mentioned in the preceding sections six and seven, he shall, upon conviction thereof, be imprisoned not less than two nor more than twenty years, and for the second offence, during the period of his natural life.
GENERAL PROVISIONS CONCERNING CRIMES AND PUNISHMENTS.
1. Felonies and misdemeanors defined.
2. Death punishment; when only inflicted.
3. Common law offences; how punished. 4. Benefit of clergy abolished
20. Former conviction or acquittal for same
21. How far truth may be given in evidence
23. Statement and proof of ownership of property embezzled, &c.
24. Public officer, &c., neglecting any duty,
25. Doing any act prohibited by law, a mis-
30. Convict's person protected by law.
one years of age of penitentiary offence,
33. When court may substitute confinement in house of correction for confinement in jail, or penitentiary.
SECTION 1. All offences are either felonies or misdemeanors. Such offences as may be punished with death or confinement in the penitentiary, are felonies; all other offences are misdemeanors.
SEC. 2. No crime shall be punished with death, unless it be directed by statute.
SEC. 3. A common law offence, for which punishment is prescribed by statute, shall be punished only in the mode so prescribed. All common law offences not herein specially provided for, nor covered by the provisions of a law of the United States, shall be punishable as follows:
1. Felonies, by imprisonment in the penitentiary not more than ten years, or fine not exceeding one thousand dollars, or, in the discretion of the court, by both fine and imprisonment, as aforesaid.
2. Misdemeanors, by confinement in jail not over one year, or fine not exceeding two hundred dollars, or, in the discretion of the court, by both fine and imprisonment, as aforesaid.
SEC. 4. There shall be no plea of benefit of clergy in any criminal proceeding.
SEC. 5. The killing of a master by his servant, or of a husband by his wife, shall not be deemed any other or higher offence than if committed by any other person.
SEC. 6. No suicide, nor attainder of felony, shall work a corruption of blood, or forfeiture of estate.
SEC. 7. The commission of a felony shall not stay or merge any civil remedy.
SEC. 8. On the commission of a felony, every principal in the second degree, and every accessory before the fact, shall be punished as if he were the principal in the first degree; and every accessory after the fact shall be confined in jail not more than one year, fined not exceeding five hundred dollars.
SEC. 9. No person in the relation of husband or wife, parent or grandparent, child or grandchild, mother or sister, by consanguinity or affinity, or servant, to the offender, who, after the commission of a felony, shall aid or assist a principal felon, or accessory before the fact, to avoid or escape from prosecution or punishment, shall be deemed an accessory after the fact.
SEC. 10. An accessory, either before or after the fact, may, whether the principal felon be convicted or not, or be arrested or not, be indicted, convicted, and punished. Such accessory may be indicted either with such principal or separately.
SEC. 11. Every person who attempts to commit an offence, and in such attempt does any act towards its commission, but fails to commit, or is prevented from committing it, shall, when it is not otherwise provided, be punished as follows:
If the offence attempted be punishable with death, the person making such attempt shall be confined in the penitentiary not less than one nor more than ten years.
If it be punishable by confinement in the penitentiary, he shall be confined in jail not less than six nor more than twelve months.
If it be punishable by confinement in jail or fine, or both, he shall be confined in jail not more than six months, or fined not exceeding one hundred dollars.
SEC. 12. Approvers shall not be admitted in any case.
SEC. 13. When any person is convicted of any offence and sentenced to confinement therefor in the penitentiary, and it is alleged in the indictment on which he is convicted, and is admitted, or by the jury
found, that he has been before sentenced in the United States to a like punishment, he shall be sentenced to be confined not less than one nor more than five years, in addition to the time which he is or would be otherwise sentenced.
SEC. 14. When any such convict shall have been twice before sentenced in the United States to confinement in a penitentiary, and it is so alleged in the indictment and admitted, or by the jury found, he shall be sentenced to be confined in the penitentiary for life, or for any period not less than twenty years, in the discretion of the court.
SEC. 15. When a free person is convicted of petit larceny, and it is alleged in the indictment on which he is convicted, and admitted, or by the jury found, that he has been before sentenced in the United States for a like offence, he shall be sentenced to confinement in the penitentiary for one year. If two such convictions shall have been previously had, and be so alleged, admitted, or found, such person shall be sentenced to confinement in the penitentiary for the space of five years.
SEC. 16. When any person is convicted of two or more offences, the confinement to which he may be sentenced upon the second or any subsequent conviction, shall commence on the termination of the previous term or terms of confinement.
SEC. 17. Every person, being without this District, who shall commit any offence by an agent or means within the same, is liable to be punished by the laws thereof in the same manner as if he were present, and had commenced and consummated the offence within said District.
SEC. 18. If a person be stricken or poisoned in this District, and by reason thereof die without the same, the offender shall be as guilty, and be prosecuted and punished in like manner, as if the death had occurred in this District.
SEC. 19. Every person who shall feloniously steal the property of another beyond the limits of this District, and shall bring the same within this District, may be convicted and punished in like manner as if such larceny had been committed within this District.
SEC. 20. Every person prosecuted under the preceding section may plead a former conviction or acquittal for the same offence in any State or country; and if such plea be admitted or established, it shall be a bar to any further or other proceeding against such person for the same offence.
SEC. 21. In every prosecution for writing or publishing a libel, the defendant may give in evidence, in his defence upon the trial, the truth of the matter contained in the publication charged as libellous; provided, that such evidence shall not be deemed a sufficient justification, unless it shall further appear that the matter charged as libellous was published with good motives and for justifiable ends.
SEC. 22. In any prosecution for the offence of embezzling the money, bank notes, checks, drafts, bills of exchange, or other security for money, of any person, by a clerk, agent, or servant of such person, it shall be sufficient to allege generally in the indictment the embezzlement of money to a certain amount, without specifying any particulars of such embezzlement, and on the trial evidence may be given of any such embezzlement committed within six months next after the time stated in the indictment, and prior to the finding thereof; and it shall be sufficient to maintain the charge in the indictment, and free from variance, if it shall be proved that any money, bank note, check, draft, bill of exchange, or other security for money, of such person, of whatever amount, was fraudulently embezzled by such clerk, agent, or servant, within the said period of six months.
SEC. 23. In the prosecution of any offence committed upon or in any way affecting any real estate, or any offence committed in stealing, embezzling, destroying, injuring, or fraudulently receiving or concealing any stolen money, goods, or other personal estate, it shall be sufficient, and free from variance, if it be proved on the trial that at the time when the offence was committed, either the actual or constructive possession, or the general or special property, in the whole or in any part of such real or personal estate was in the person or community alleged in the indictment or other accusation to be the owner thereof.
SEC. 24. When any duty is or shall be enjoined by law upon a public officer, or upon any person holding any public trust or employment, every wilful neglect to perform such duty, where no special provision shall have been made for the punishment of such delinquency, shall be a misdemeanor, punishable as herein prescribed.
SEC. 25. When the performance of any act is prohibited by law, and no penalty for the violation thereof is imposed, either in the same section containing such prohibition or elsewhere in the Code, the doing of such act shall be deemed a misdemeanor.