CRIMINAL LAW-ILLEGITIMATE CHILDREN.
[Sidenote: Rape.]
If any person ravish or carnally know any female of the age of thirteen
years or more, by force and against her will, or carnally know and abuse
any female child under the age of thirteen years, he shall be punished
by imprisonment in the penitentiary for life or any term of years.
[§5160.]
[Sidenote: Intent to commit rape.]
If any person assault a female with intent to commit a rape he shall be
punished by imprisonment in the penitentiary not exceeding twenty years.
[§5172.]
[Sidenote: Compelling to marry.]
If any person take any woman unlawfully and against her will, and by
force, menace or duress, compel her to marry him, or to be defiled, he
shall be fined not exceeding one thousand dollars and imprisoned in the
penitentiary not exceeding ten years. [§5161.]
[Sidenote: Carnal knowledge.]
If any person have carnal knowledge of any female by administering to
her any substance, or by any other means producing such stupor or such
imbecility of mind or weakness of body as to prevent effectual
resistance, or have such carnal knowledge of an idiot or female
naturally of such imbecility of mind or weakness of body, as to prevent
effectual resistance, he shall upon conviction, be punished as provided
in the section relating to ravishment. [§5162.]
[Sidenote: Producing miscarriage of pregnant woman.]
If any person with intent to produce the miscarriage of any pregnant
woman, wilfully administer to her any drug or substance whatever, or,
with such intent, use any instrument or any means whatever, unless such
miscarriage shall be necessary to save her life, he shall be imprisoned
in the state prison for a term not exceeding five years, and be fined in
a sum not exceeding one thousand dollars. [§5163.]
[Sidenote: Enticing female child for prostitution.]
If any person take or entice away any unmarried female, under eighteen
years of age, from her father, mother, guardian, or other person having
the legal charge of her person, for the purpose of prostitution, he
shall upon conviction be punished by imprisonment in the penitentiary
for not more than three years, or by fine of not more than one thousand
dollars and imprisonment in the county jail not more than one year.
[§5164.]
[Sidenote: Enticing away child.]
If any person maliciously, forcibly or fraudulently lead, take, decoy,
or entice away any child under the age of fourteen years, with the
intent to detain or conceal such child from its parent, guardian, or any
other person having the lawful charge of such child, he shall be
punished by imprisonment in the penitentiary not more than ten years, or
by a fine not exceeding one thousand dollars or by both such fine and
imprisonment. [§5165.]
[Sidenote: Seduction.]
If any person seduce and debauch any unmarried woman of previously
chaste character, he shall be punished by imprisonment in the
penitentiary not more than five years, or by fine not exceeding one
thousand dollars and imprisonment in the county jail not exceeding one
year. [§5166.]
[Sidenote: Marriage a bar.]
If, before judgment upon an indictment, the defendant marry the woman
thus seduced, it is a bar to any further prosecution for the offense.
[§5167.] An offer, by the defendant, to marry the woman, will not be a
bar to a prosecution for seduction, as nothing but actual marriage will
constitute such bar.
[Sidenote: Adultery.]
Every person who commits the crime of adultery shall be punished by
imprisonment in the penitentiary not more than three years, or by a fine
not exceeding three hundred dollars and imprisonment in the county jail
not exceeding one year; and when the crime is committed between parties,
only one of whom is married, both are guilty of adultery and shall be
punished accordingly. No prosecution for adultery can be commenced but
on complaint of the husband or wife. [§5317.]
[Sidenote: Evidence in cases of rape or seduction.]
The defendant in a prosecution for a rape, or for an assault with intent
to commit a rape, or for enticing or taking away an unmarried female of
previously chaste character, for the purpose of prostitution, or aiding
or assisting therein, or for seducing or debauching any unmarried woman
of previously chaste character, cannot be convicted upon the testimony
of the person injured, unless she be corroborated by other evidence
tending to connect the defendant with the commission of the offense.
[§5958, as amended by act of the Twenty-fifth General Assembly.] The
corroboration required by this section need not be by evidence of
witnesses to the act, but may be wholly by circumstances and facts which
tend to connect the accused with the commission of the crime.
[Sidenote: Bigamy.]
If any person who has a former husband or wife living, marry another
person, or continue to cohabit with such second husband or wife in this
state, he or she, except in cases mentioned in the following section, is
guilty of bigamy, and shall be punished by imprisonment in the
penitentiary not more than five years, or by fine not exceeding five
hundred dollars and imprisonment in the county jail not more than one
year. [§5318.]
[Sidenote: Exceptions.]
The provisions of the preceding section do not extend to any person
whose husband or wife has continuously remained beyond seas, or who has
voluntarily withdrawn from the other and remained absent for the space
of three years together, the party marrying again, not knowing the other
to be living within that time; nor to any person who has been legally
divorced from the bonds of matrimony. [§5319.]
[Sidenote: Knowingly marrying husband or wife.]
Every unmarried person who knowingly marries the husband or wife of
another, when such husband or wife is guilty of bigamy thereby, shall be
imprisoned in the penitentiary not exceeding three years, or by fine of
not more than three hundred dollars and imprisonment in the county jail
not exceeding one year. [§5320.]
[Sidenote: Lewdness.]
If any man or woman not being married to each other lewdly and viciously
associate and cohabit together, or if any man or woman, married or
unmarried, is guilty of gross lewdness and designedly make an open and
indecent, or obscene exposure of his or her person, or the person of
another, every such person shall be punished by imprisonment in the
county jail not exceeding six months, or by fine not exceeding two
hundred dollars. [§5321.]
[Sidenote: Keeping house of ill-fame.]
If any person keep a house of ill-fame, resorted to for the purpose of
prostitution or lewdness, such person shall be punished by imprisonment
in the penitentiary not less than six months nor more than five years.
[§5322.]
[Sidenote: Houses of ill-fame.]
Houses of ill-fame kept for the purpose of prostitution and lewdness,
gambling houses, or houses where drunkenness, quarreling, fighting or
breaches of the peace are carried on or permitted, to the disturbance of
others, are nuisances, and may be abated and punished as provided in
this chapter. [§5472.]
[Sidenote: Lease rendered void.]
When the lessee of a dwelling house is convicted of keeping the same as
a house of ill-fame, the lease or contract for letting such house is, at
the option of the lessor, void, and such lessor may thereupon have the
like remedy to secure possession as against a tenant holding over after
the expiration of his term. [§5323.]
[Sidenote: Leasing house for such purpose.]
If any person let any house, knowing that the lessee intends to use it
as a place of resort for the purpose of prostitution or lewdness, or
knowingly permit such lessee to use the same for such purpose, he shall
be punished by fine not exceeding three hundred dollars, or imprisoned
in the county jail not exceeding six months. [§5324.]
[Sidenote: Enticing to house of ill-fame.]
If any person entice back into a life of shame any person who has
heretofore been guilty of the crime of prostitution, or who shall
inveigle or entice any female, before reputed virtuous, to a house of
ill-fame, or knowingly conceal or assist or abet in concealing such
female, so deluded or enticed for the purpose of prostitution or
lewdness, he shall be punished by imprisonment in the penitentiary not
less than three nor more than ten years. [§5325.]
[Sidenote: Penalty for prostitution.]
If any person, for the purpose of prostitution or lewdness resorts to,
uses, occupies or inhabits any house of ill-fame, or place kept for such
purpose, or if any person be found at any hotel, boarding house, cigar
store or other place, leading a life of prostitution and lewdness, such
person shall be punished by imprisonment in the penitentiary not more
than five years. [§5326.]
[Sidenote: Incest.]
If any person marry his father's sister, mother's sister, father's
widow, wife's mother, daughter, son's widow, sister, son's daughter,
daughter's daughter, son's son's widow, daughter's son's widow,
brother's daughter, or sister's daughter, or, if any woman marry her
father's brother, mother's brother, mother's husband, husband's father,
son, husband's son, daughter's husband, brother, son's son, daughter's
son, son's daughter's husband, daughter's daughter's husband, brother's
son, or sister's son; or if any person, being within the degrees of
consanguinity or affinity in which marriages are prohibited by this
section, carnally know each other, they shall be deemed guilty of
incest, and shall be punished by imprisonment in the state penitentiary
for a term not exceeding ten years and not less than one year. [§5351.]
[Sidenote: Illegitimate children. Complaint.]
When any woman residing in any county in the state is delivered of a
bastard child, or is pregnant with a child, which, if born alive, will
be a bastard, complaint may be made in writing by any person to the
district court of the county where she resides, stating that fact, and
charging the proper person with being the father thereof. [§6113.]
[Sidenote: Judgment.]
If the accused be found guilty, he shall be charged with the maintenance
of the child in such sum or sums and in such manner as the court shall
direct, and with the costs of the suit. [§6119.]
[Sidenote: Marriage of parents.]
Illegitimate children become legitimate by the subsequent marriage of
their parents. [§3391.]