CHAPTER X.

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.]

Legal Status of Women in Iowa · 第 10 / 12 章