TITLE IX. OF CRIMES AGAINST THE PERSON AND AGAINST PUBLIC DECENCY AND GOOD MORALS. Chapter I. Rape, Abduction, Carnal Abuse of Children, and Seduction, §§ 261-269b. II. Abandonment, and Neglect of Children, §§ 270-273e. III. Abortions, §§ 274, 275. IV. Child-stealing, § 278. V. Bigamy, Incest, and the Crime against Nature, VI. Violating Sepulture and the Remains of the VII. Crimes against Religion and Conscience, and 3102. VIII. Indecent Exposure, Obscene Exhibitions, Books, and Prints, and Bawdy and Other Disorderly Houses, §§ 311-318. IX. Lotteries, §§ 319-326. X. Gaming, §§ 330-337. XI. XII. Pawnbrokers, §§ 338-344. Other Injuries to Persons, §§ 346-367a. CHAPTER I. RAPE, ABDUCTION, CARNAL ABUSE OF CHILDREN, AND SE § 261. Rape defined. DUCTION. 262. When physical ability must be proved. 263. 264. Penetration sufficient. Punishment of rape. 265. Abduction of women. 266. Seduction for purposes of prostitution. 266a. Taking female for purpose of prostitution. 266b. Taking female by force, duress, etc., to live in illicit relation. 266c. Bringing or landing Chinese or Japanese women for purpose of selling. § 266d. Placing female in custody for purpose of cohabitation. 266e. Paying for female for purpose of prostitution. 266f. Selling female for immoral purposes. 266g. Placing or permitting the placing of one's wife in house of prostitution. § 267. Abduction. 268. Seduction under promise of marriage. 269. Intermarriage subsequent to seduction. 269a. Open and notorious fornication and adultery. 269b. Open and notorious adultery of married persons. Proof. § 261. Rape defined. Rape is an act of sexual intercourse, accomplished with a female not the wife of the perpetrator, under either of the following circumstances: 1. Where the female is under the age of sixteen years; 2. Where she is incapable, through lunacy or other unsoundness of mind, whether temporary or permanent, of giving legal consent; 3. Where she resists, but her resistance is overcome by force or violence; 4. Where she is prevented from resisting by threats of great and immediate bodily harm, accompanied by apparent power of execution, or by any intoxicating narcotic, or anaesthetic substance, administered by or with the privity of the accused; 5. Where she is at the time unconscious of the nature of the act, and this is known to the accused; 6. Where she submits under the belief that the person committing the act is her husband, and this belief is induced by any artifice, pretense, or concealment practiced by the accused, with intent to induce such belief. En. February 14, 1872. Am'd. 1889, 223; 1897, 201. Cal. Rep. Cit. 63, 615; 70, 468; 75, 324; 94, 311; 106, 213; 106, 214; 112, 672; 138, 468; 143, 317; 146, 304. Subd. 1-129, 121; 133, 23. Subd. 2-117, 585; 129, 121. Subd. 3-70, 473; 129, 121. Subd. 4-70, 473; 129, 121. Subd. 5-129, 121. Subd. 6—129, 121. Assault with intent to commit: See ante, sec. 220. § 262. When physical ability must be proved. 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, and beyond a reasonable doubt. En. February 14, 1872. Cal. Rep. Cit. 98, 353. § 263. Penetration sufficient. The essential guilt of rape consists in the outrage to the person and feelings of the female. Any sexual penetration, however slight, is sufficient to complete the crime. En. February 14, 1872. Cal. Rep. Cit. 133, 23; 143, 317. § 264. Punishment of rape. Rape is punishable by imprisonment in the state prison not less than five years. February 14, 1872. Cal. Rep. Cit. 98, 129. En. § 265. Abduction of women. Every person who takes any woman unlawfully, against her will, and by force, menace, or duress, compels her to marry him, or to marry any other person, or to be defiled, is punishable by imprisonment in the state prison not less than two nor more than fourteen years. En. February 14, 1872. § 266. Seduction for purposes of prostitution. Every person who inveigles or entices any unmarried female, of previous chaste character, under the age of eighteen years, into any house of ill-fame, or of assignation, or elsewhere, for the purpose of prostitution, or to have illicit carnal connection with any man; and every person who aids or assists in such inveiglement or enticement; and every person who, by any false pretenses, false representation, or other fraudulent means, procures any female to have illicit carnal connection with any man, is punishable by imprisonment in the state prison not exceeding five years, or by imprisonment in the county jail not exceeding one year, or by a fine not exceeding one thousand dollars, or by both such fine and imprisonment. En. February 14, 1872. Am'd. 1873-4, 429. Cal. Rep. Cit. 49, 10; 87, 286; 119, 594. See "Act to punish seduction," 1872, post, Appendix, title Seduction, and "Act to punish adultery," 1872: Appendix, title Adultery. See post, Act to prevent prostitution: See post, Appendix, title Prostitution. Act to prevent placing married women in house of illfame: See post, Appendix, title Prostitution. § 266a. Taking female for purpose of prostitution. Every person who, within this state, takes any female perBon against her will and without her consent, or with her consent procured by fraudulent inducement or misrepresentation, for the purpose of prostitution, is punishable by imprisonment in the state prison not exceeding five years, and a fine not exceeding one thousand dollars. En. Stats. 1905, 655. 266a, 266b, 266c. 266d, 266e, 266f. The statute of 1893, page 217, regarding the compulsory prostitution of women, is codified in the above-named sections. The penalties here set forth in sections 266d, 266e, and 266f, are those of a felony instead of the various penalties set forth in the corresponding sections of the statute codified.-Code Commissioner's Note. § 266b. Taking a female by force, duress, etc., to live in an illicit relation. Every person who takes any female person unlawfully, and against her will, and by force, menace, or duress, compels her to live with him in an illicit relation, against her consent, or to so live with any other person, is punishable by imprisonment in the state prison not less than two nor more than four years. En. Stats. 1905, 655. See note to § 266a, ante. § 266c. Bringing or landing Chinese or Japanese women for the purpose of selling. Every person bringing to, or landing within this state, any female person born in the empire of China or the empire of Japan, or the islands adjacent thereto, with intent to place her in charge or custody of any other person, and against her will to compel her to reside with him, or for the purpose of selling her to any person whomsoever, is punishable by a fine of not less than one nor more than five thousand dollars, or by imprisonment in the county jail not less than six nor more than twelve months. En. Stats. 1905, 656. See note to § 266a, ante. § 266d. Placing female in custody for the purpose of cohabitation. Any person who receives any money or other valuable thing for or on account of his placing in custody any female for the purpose of causing her to cohabit with any male to whom she is not married, is guilty of a felony. En. Stats. 1905, 656. See note to § 266a, ante. § 266e. Paying for female for the purpose of prostitution. Every person who purchases, or pays any money or other valuable thing for, any female person for the purpose of prostitution, or for the purpose of placing her, for immoral purposes, in any house or place against her will, is guilty of a felony. En. Stats. 1905, 656. See note to § 266a, ante. § 266f. Selling female for immoral purposes. Every person who sells any female person or receives any money or other valuable thing for or on account of his placing in custody, for immoral purposes, any female person, whether with or without her consent, is guilty of a felony. En. Stats. 1905, 656. See note to § 266a, ante. § 266g. Placing or permitting the placing of one's wife in house of prostitution. Every man who, by force, intimidation, threats, persuasion, promises, or any other means, places or leaves, or procures any other person or persons to place or leave, his wife in a house of prostitution, or connives at or consents to, or permits, the placing or leaving of his wife in a house of prostitution, or allows or permits her to remain therein, is guilty of a felony and punishable by imprisonment in the state prison for not less than three nor more than ten years; and in all prosecutions under this section a wife is a competent witness against her husband. En. Stats. 1905, 656. This section codifies the statute of 1891, page 285, regarding the placing and keeping of married women in houses of prostitution.-Code Commissioner's Note. § 267. Abduction. Every person who takes away any female under the age of eighteen years from her father, mother, guardian, or other person having the legal charge of her person, without their consent, for the purpose of prostitution, is punishable by imprisonment in the state prison not exceeding five years, and a fine not exceeding one thousand dollars. En. February 14, 1872. Cal. Rep. Cit. 61, 480; 61, 481; 71, 612; 88, 138; 88, 317; 96, 316; 96, 318; 141, 544; 141, 545; 141, 548. Act to prevent prostitution: See post, Appendix, title Prostitution. Act to prevent seduction: See post, Appendix, title Seduction. § 268. Seduction under promise of marriage. Every person who, under promise of marriage, seduces and has sexual intercourse with an unmarried female of previous chaste character, is punishable by imprisonment in the state prison for not more than five years, or by a fine of |