Page:United States Statutes at Large Volume 76A.djvu/519

–423– -423(b) Subsection (a) of tins section does not apply to an officer or person: (1) authorized by law to search without a warrant; or (2) serving a warrant of arrest; or (3) arresting or attempting to arrest a person committing or attempting to commit an ofTense in his presence, or who has committed, or is suspected on reasonable grounds of having committed, a felony; or (4) making a search at the request or invitation, or with the consent, of the occupant of the premises. CHAPTER 11—ARSON 301. Definitions. 302. Arson in the first degree. 303. Arson in the second degree

§ 301. Definitions As used in this chapter, unless the context requires a diflferent meaning: "arson" means the willful and malicious burning of a building with intent to destroy it; "building" includes any house, edifice, structure, vehicle, vessel or other erection capable of affording shelter for human beings or appurtenant to or connected with an erection so adapted; "burns" or "burning" means the application of fire so as to take effect upon any part of the substance of the building, and does not necessarily mean that the building set on fire shall have been destroyed; "inhabited building" means a building which has usually been occupied by any person lodging therein at night; and "nighttime" means the period between sunset and sunrise. § 302. Arson in the first degree Whoever maliciously burns in the nighttime an inhabited building in which there is at the time a human being, is guilty of arson in the first degree and shall be imprisoned in the penitentiary not less than 10 years. § 303. Arson in the second degree Whoever maliciously burns a building of another with intent to destroy it, under circumstances not amounting to arson in the first degree, is guilty of arson in the second degree, and shall be imprisoned in the penitentiary not more than 10 years. CHAPTER 13—ASSAULT AND BATTERY Sec. 331. 332. 333. 334. 335. 336. 337. 338. 339.

Definition of assault; punishment. Definition of battery; punishment. Assault with caustic chemical. Assault with deadly weapon. Assault with intent to murder. Administering poison. Assaults with intent to commit certain felonies. Assaults with intent to commit other felonies. Administering stupefying agent to assist in commission of felony.

§ 331. Definition of assault; punishment (a) An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. (b) Whoever commits an assault shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.

�