CRIMINAL LAW-ILLEGITIMATE CHILDREN.
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. [Se.]
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. [Se.]
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. [Se.]
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. [Se.]
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. [Se.]
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. [Se.]
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. [Se.]
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. [Se.]
If, before judgment upon an indictment,
the defendant marry the woman thus seduced, it is
a bar to any further prosecution for the offense.
[Se.] 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.
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. [Se.]
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. [Se, 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.
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. [Se.]
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. [Se.]
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. [Se.]
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. [Se.]
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. [Se.]
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.
[Se.]
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. [Se.]
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. [Se.]
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. [Se.]
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. [Se.]
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. [Se.]
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. [Se.]
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. [Se.]
Illegitimate children become legitimate
by the subsequent marriage of their parents. [Se.]