Page:United States Statutes at Large Volume 76A.djvu/511

–415– -415§ 45. Persons capable of committing crimes (a) All persons are capable of committing crimes except: (1) children under the age of seven years; (2) children over the age of seven years but under the age of fourteen years, in the absence of clear proof that at the time of committing the act charged against them they knew its wrongfulness; (3) idiots; (4) insane persons; but 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, is not a defense to a prosecution therefor; (5) persons who committed the act or made the omission charged through ignorance or mistake of fact, which disproved crimmal intent; (6) persons who committed the act charged without being conscious thereof; (7) persons who committed the act or made the omission charged through misfortune or by accident, when it appears that there was no evil design, intention, or culpable negligence: (8) if the act committed were intended to be against a person other than the one actually injured, the person committing the offense is answerable as though it were committed against the person intended; (9) married women, except for felonies, acting under tinthreats, command, or coercion of their husbands: and (10) unless the crime is punishable with death, persons who committed the act or made the omission charged under threats or menaces sufficient to show that they had reasonable cause to, and did believe their lives would be endangered if they refused. (b) In cases of felonies, a wife is not excused from punishment by reason of her subjection to the power of her husband, unless the facts proved show a case of duress. § 46. Omission to perform act performed by another A person is not punishable for an omission to perform an act wh» r*^. the act has been performed by another person acting in his behalf and competent by law to perform, it. § 47. Intoxicated persons; consideration in determining intent An act committed by a person while in a state of voluntary intoxication is not less criminal by reason of his having been in that condition; but whenever the actual existence of a particular purpose, motive, or intent is a necessary ekment to constitute a particular species or degree of crime, the court or 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. Subchapter IV—Resistance to Commission of Crime § 71. Resistance by party about to be in jured A person about to be injured may make resistance sufficient to prevent: (1) an illegal attempt by force to take or injure property in his lawful possession; or (2) an offense against his person or his family or a member thereof. § 72. Person aiding another about to be injured A person, in aid or defense of a person about to be injured, may make resistance sufficient to prevent the offense.

�