TITLE IX. Crimes Against the Person and Against Public Decency and Good Morals. Chapter I. Rape, Abduction, Carnal Abuse of Children, and Seduction. §§ 261-269b. II. III. IV. Abandonment and Neglect of Children. §§ 270-273h. Child-stealing. § 278. V. Bigamy, Incest, and the Crime against Nature. §§ 281288a. VI. Violating Sepulture and the Remains of the Dead. §§ 290 297. VII. Crimes against Religion and Conscience, and Other Offenses, against Good Morals. §§ 299-3102. VIII. Indecent Exposure, Obscene Exhibitions, Books and Prints, and Bawdy and Other Disorderly Houses. §§ 311-318. Lotteries. §§ 319-326. IX. X. Gaming. §§ 330-337a. § 261. Rape, Abduction, Carnal Abuse of Children, and Seduction. Rape defined. § 262. When physical ability must be proved. Penetration sufficient. § 263. Seduction for purposes of prostitution. § 266a. Taking female for purpose of prostitution. § 266b. Taking female by force, duress, etc., to live in an illicit relation. § 266c. Bringing or landing Chinese or Japanese women for the pur pose of selling. § 266d. Placing female in custody for the purpose of cohabitation. § 266e. Paying for female for the purpose of prostitution. § 266f. Selling female for immoral purposes. § 266g. Placing or permitting the placing of one's wife in house of prostitution. § 268. Seduction under promise of marriage. Penalty. $ 269. Intermarriage, when a bar to prosecution. § 269a. Adultery. § 269b. Adultery of married persons. § 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 eighteen 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 anesthetic, 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. [Amendment approved 1913; Stats. 1913, p. 212.] Assault with intent to commit. See ante, § 220. Legislation § 261. 1. Enacted February 14, 1872 (based on Field's Draft, § 319, N. Y. Pen. Code, § 278; Kan. Gen. Stats., § 323), differing from the amendment of 1913 (the present section), having, (1) in subd. 1, "ten years" instead of "eighteen years"; (2) in subd. 2, "any" before "other unsoundness"; (3) in subd. 4, "immediate and great bodily harm" instead of "great and immediate bodily harm"; (4) in subd. 6 "a belief" instead of "the belief." 2. Amended by Stats. 1889, p. 223, differing from the amendment of 1913 (the present section), having, (1) in subd. 1, "the fourteen years" instead of "eighteen years," and (2) in subd. 4, the same phraseology as the original code section. 3. Amended by Stats. 1897, p. 201, differing from the amendment of 1913 (the present section), having "sixteen years," instead of "eighteen years." 4. Amended by Stats. 1913, p. 212. § 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. Legislation § 262. Enacted February 14, 1872; identical with Field's Draft, § 320, N. Y. Pen. Code, § 279. § 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. Legislation § 263. Enacted February 14, 1872; identical with Field's Draft, § 321, N. Y. Pen. Code, § 280. § 264. Punishment for rape. Rape is punishable by imprisonment in the state prison not more than fifty years, except where the offense is under subdivision 1 of section 261 of the Penal Code and the female is over the age of sixteen years and under the age of eighteen years in which case the punishment shall be by imprisonment in the county jail for not more than one year or in the state prison for not more than fifty years, and in such case the jury shall determine by their verdict whether the punishment shall be by imprisonment in the county jail or in the state prison. [Amendment approved 1913; Stats. 1913, p. 213.] Legislation § 264. 1. Enacted February 14, 1872; based on Crimes and Punishment Act, § 47, as amended by Stats. 1855, p. 105, § 1, and then read: "Rape is punishable by imprisonment in the state prison not less than five years." 2. Amended 1913, p. 213. § 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. Legislation § 265. Enacted February 14, 1872 (N. Y. Pen. Code, § 282); based on Crimes and Punishment Act, as amended and supplemented by Stats. 1856, p. 131, § 1. § 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 a county jail not exceeding one year, or by a fine not exceeding one thousand dollars, or by both such fine and imprisonment. [Amendment approved 1874; Code Amdts. 1873-74, p. 429.] Act to punish seduction: See post, Appendix, tit. "Seduction." Legislation § 266. 1. Enacted February 14, 1872 (based on Field's Draft, § 328, N. Y. Pen. Code, § 282), and then read: "Every person who inveigles or entices any unmarried female, of previous chaste character, under the age of twenty-five years, into any house of ill-fame or of assignation, or elsewhere, for the purpose of prostitution; and every person who aids or assists in such abduction for such purpose; 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 a county jail not exceeding one year, or by a fine not exceeding one thousand dollars, or by both." The code commis sioners cite statutes on kindred offenses, enacted subsequently to the adoption of the Penal Code: Stats. 1871-72, pp. 184, 380. 2. Amended by Code Amdts. 1873-74, p. 429. § 266a. Taking female for purpose of prostitution. Every person who, within this state, takes any female person 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. Legislation § 266a. 1. Addition by Stats. 1901, p. 448; unconstitutional. See note, § 5, ante. 2. Added by Stats. 1905, p. 655; the code commissioner saying in his note to §§ 266a, 266b, 266e, 266d, 266e, 266f, "The statute of 1893, p. 217, regarding the compulsory prostitution of women, is codified in the above-named sections. The penalties here set forth in §§ 266d, 266e, and 266f are those of a felony instead of the various penalties set forth in the corresponding sections of the statute codified." § 266b. Taking 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. Legislation § 266b. 1. Addition by Stats. 1901, p. 448; unconstitutional. See note, § 5, ante. 2. Added by Stats. 1905, p. 655. See ante, Legislation § 266a, for code commissioner's note. § 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. Legislation § 266c. 1. Addition by Stats. 1901, p. 448; unconstitutional. See note, § 5, ante. 2. Added by Stats. 1905, p. 656. See ante, Legislation § 266a, for code commissioner's note. § 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. Legislation § 266d. 1. Added by Stats. 1901, p. 448; unconstitu tional. See note, § 5, ante. 2. Added by Stats. 1905, p. 656. See ante, Legislation § 266a, for code commissioner's note. § 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. Legislation § 266e. 1. Addition by Stats. 1901, p. 448; unconstitutional. See note, § 5, ante. 2. Added by Stats. 1905, p. 656. See ante, Legislation § 266a, for code commissioner's note. § 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. Legislation § 266f. 1. Addition by Stats. 1901, p. 449; unconstitutional. See note, § 5, ante. 2. Added by Stats. 1905, p. 656. See ante, Legislation § 266a, for code commissioner's note. § 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. Legislation § 266g. 1. Addition by Stats. 1901, p. 449; unconstitutional. See note, § 5, ante. 2. Added by Stats. 1905, p. 656; the code commissioner saying, "This section codifies the statute of 1891, p. 285, regarding the placing and keeping of married women in houses of prostitution." $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 |