In addition to the punishment therefor provided by statute, every person violating this section is subject to a penalty of five hundred dollars; which penalty "The Society for the Reformation of Juvenile Delinquents" in the city of New York, for the use of that society, and the overseers of the poor in any other city or town, for the use of the poor, are authorized, in the name of the people of this state, to recover. Besides, this penalty, every such exhibition or performance, of itself, annuls any license which may have been previously obtained by the manager, owner or lessee, using or letting such building, garden, room or place, or consenting to such exhibition or performance.

fined.

$278. Rape is an act of sexual intercourse with a female Rape denot the wife of the perpetrator,committed against her will or without her consent. A person perpetrating such an act under any of the following circumstances:

1. When the female is under the age of ten years; or 2. When through idiocy, imbecility, or any unsoundness of mind, either temporary or permanent, she is incapable, of giving consent; or

3. When her resistance is forcibly overcome; or

4. When her resistance is prevented by fear of immedi ate and great bodily harm, which she has reasonable cause to believe will be inflicted upon her; or

When physical ability must be proved.

Penetra

tion sufficient.

Compelling

woman

to marry.

Abduction.

5. When her resistance is prevented by stupor or by weakness of mind, produced by an intoxicating narcotic or anesthetic agent, administered by, or with the privity of, the defendant; or

6. When she is, at the time, unconscious of the nature of the act, and this is known to the defendant;

Is punishable by imprisonment, for not less than five nor more than twenty years.

§ 279. No conviction for rape can be had against one who was under the age of fourteen years, at the time of the act alleged, unless his physical ability to accomplish penetration is proved as an independent fact, beyond a reasonable doubt.

§ 280. Any sexual penetration, however slight, is sufficient to complete the crime.

§ 281. A person who by force, menace, or duress, compels a woman against her will to marry him, or to marry any other person, or to be defiled, is punishable by imprisonment for not less than three nor more than ten years, or by a fine of not more than one thousand dollars, or by both.

$282. A person who,

1. Takes a female under the age of sixteen years, without the consent of her father, mother, guardian or other person having legal charge of her person, for the purpose of marriage, prostitution, or sexual intercourse; or

age

2. Inveigles or entices an unmarried female under the of twenty-five years, of previous chaste character, into a house of ill-fame or of assignation, or elsewhere, for the purpose of prostitution or sexual intercourse; or

3. Takes or detains a woman unlawfully against her will, with the intent to compel her, by force, menace, or duress, to marry him, or to marry any other person, or to be defiled;

Is guilty of abduction, and punishable by imprisonment for not more than five years, or by a fine of not more than one thousand dollars, or by both.

viction on

testimony.

§ 283. No conviction can be had for abduction, com- No conpulsory marriage, or defilement, upon the testimony of the certain female abducted, compelled or defiled, unsupported by other evidence.

under

marriage.

§ 284. A person who, under promise of marriage, seduces seduction and has sexual intercourse with an unmarried female of pre- promise of vious chaste character, is punishable by imprisonment for not more than five years, or by a fine of not more than one thousand dollars, or by both.

quent

§ 285. The subsequent intermarriage of the parties, or Subsethe lapse of two years after the commission of the offense marriage. before the finding of an indictment, is a bar to a prosecu tion for a violation of the last section.

tion on

286. No conviction can be had for the offense speci- No convic fied in section 284, upon the testimony of the female certain seduced, unsupported by other evidence.

testimony.

ment of

under six

§ 287. A parent, or other person having the care or cus- Abandontody, for nurture or education, of a child under the age of child six years, who deserts the child in any place, with intent years. wholly to abandon it, is punishable by imprisonment in a state prison, for not more than seven years, or in a county jail for not more than one year.

Unlaw

§ 288. A person who willfully omits, without lawful ex- Fully omit

ting to provide

cuse, to perform a duty by law imposed upon him to furfor child. nish food, clothing, shelter, or medical attendance to a minor, is guilty of a misdemeanor.

Endangering life

§ 289. A person who, having the care or custody of or health a minor, either

of child.

Keepers of

concert saloons,

&c.

Children

not to

beg, &c.

1. Willfully causes or permits the minor's life to be endangered, or its health to be injured, or its morals to become depraved; or

2. Willfully causes or permits the minor to be placed in such a situation, or to engage in such an occupation, that its life is endangered, or its health is likely to be injured, or its morals likely to be impaired ;

Is guilty of a misdemeanor.

§ 290. A person who admits to, or allows to remain in any dance-house, concert saloon, theater or other place of entertainment, owned, kept or managed by him, where wines or spirituous or malt liquors are sold or given away, any child, actually or apparently under the age of fourteen years, unless accompanied by a parent or guardian, is guilty of a misdemeanor.

§ 291. A male child actually or apparently under the age of sixteen years, or a female child actually or apparently under the age of fourteen years, who is found;

1. Begging or receiving or soliciting alms, in any manner or under any pretense; or

2. Not having any home or other place of abode or proper guardianship; or

3. Destitute of means of support, and being either an orphan, or living or having lived with or in custody of a parent or guardian, who has been sentenced to imprison-. ment for crime, or who has been convicted of a crime

against the person of such child, or has been adjudged an habitual criminal; or

4. Frequenting the company of reputed thieves or prostitutes, or a house of prostitution or assignation, or living

in such a house either with or without its parent or guardian, or frequenting concert saloons, dance-houses, theaters or other places of entertainment, or places where wines, malt or spirituous liquors are sold, without being in charge of its parent or guardian; or

5. Coming within any of the descriptions of children mentioned in § 292, must be arrested and brought before a proper court or magistrate, as a vagrant, disorderly, or destitute child. Such court or magistrate may commit the child to any charitable, reformatory or other institution authorized by law to receive and take charge of minors, or may make any disposition of the child such as now is or hereafter may be authorized in the cases of vagrants, truants, paupers, or disorderly persons.

employ

ment

child.

292. A person, who employs or causes to be employed, Certain or who exhibits, uses, or has in custody for the purpose of the of a exhibiting or employing, a female child apparently or actually under the age of fourteen years, or a male child apparently or actually under the age of sixteen years, or who having the care, custody or control of such a child as parent, relative, guardian, employer or otherwise, sells, lets out, gives away or in any way procures or consents to the employment or exhibition of such a child, either

1. As a rope or wire walker, dancer, gymnast, contor tionist, rider or acrobat; or

2. In begging or receiving alms, or in any mendicant occupation; or

3. In peddling, singing or playing upon a musical instru ment, or in a theatrical exhibition, or in any wandering occupation; or

4. In any indecent or immoral exhibition or practice; or 5. In any practice or exhibition dangerous or injurious to the life, limb, health or morals of the child;

Is guilty of a misdemeanor. But this section does not apply to the employment of any child as a singer or musician in a church, school, or academy, or in teaching or learning the science or practice of music, or as a musician in any concert with the written consent of the mayor of