Page:1887 Compiled Laws of Dakota Territory.pdf/1069

Persons Liable to Punishment.

§ 6214. The following persons are liable to punishment under the laws of this territory:

1. All persons who commit, in whole or in part, any crime within this territory.

2. All who commit theft out of this territory, and bring, or are found with the property stolen, in this territory.

3. All who, being out of this territory, abduct or kidnap, by force or fraud, any person, contrary to the laws of the place where such act is committed, and bring, send, or convey such person within the limits of this territory, and are afterward found therein.

4. And all who, being out of this territory, cause or aid, advise or encourage, another person, causing an injury to any person or property within this territory by means of any act or neglect which is declared criminal by this code, and who are afterward found within this territory.

§ 6215. All persons are capable of committing crimes, who are capable except those belonging to the following classes:

1. Children under the age of seven years.

2. Children of the age of seven years, but under the age of fourteen years, in the absence of proof that at the time of committing the act or neglect charged against them, they knew its wrongfulness.

3. Idiots.

4. Lunatics, insane persons, and all persons of unsound mind, including persons temporarily or partially deprived of reason, upon proof that at the time of committing the act charged against them they were incapable of knowing its wrongfulness.

5. Persons who committed the act, or made the omission charged, under an ignorance or mistake of fact which disproves any criminal intent. But ignorance of the law does not excuse from punishment for its violation.

6. Persons who committed the act charged without being conscious thereof.

7. Persons who committed the act, or made the omission charged, while under involuntary subjection to the power of superiors.

§ 6216. No act committed by a person while in a state of voluntary intoxication, shall be deemed less criminal by reason crime, of his having been in such condition. But whenever the actual existence of any particular purpose, motive or intent, is a necessary element to constitute any particular species or degree of crime, the jury may take into consideration the fact that the accused was intoxicated at the time, in determining the purpose, motive or intent, with which he committed the act.

§ 6217. A morbid propensity to commit prohibited acts, existing in the mind of a person who is not shown to have been incapable of knowing the wrongfulness of such acts, forms no defense to a prosecution therefor.