Page:1862-63 Territory of Dakota Session Laws.pdf/55

46 Sec. 40. If any person shall assault any female, with intent to commit the crime of rape, he shall be punished by imprisonment in the territorial prison, not more than ten years, nor less than one year.

Sec. 41. Every person who, without lawful authority, and willfully or maliciously, and with a wrongful intent, shall forcibly or secretly confine or imprison any other person in this territory against his will, or shall forcibly carry or send such person out of the territory against his will, or forcibly seize and confine, or inveigle or kidnap any other person, with intent either to cause such person to be secretly confined or imprisoned in this territory, against bis will, or to cause such person to be sent out of this territory, against his will, or to be sold as a slave, or in any way held to service against his will; and every person who shall sell, or in any manner transfer for any term, the service or labor of any negro, mulatto or other person of color, who shall have been unlawfully seized, taken, inveigled or kidnapped from this territory, to any state, place or country, shall be punished by imprisonment in the territorial prison, not more than five years, nor less than one year, or by fine not exceeding one thousand dollars, nor less than five hundred dollars.

Sec. 42. Every offense mentioned in the next preceding section, may be tried either in the county in which the same may have been committed, or in any county in or to which the person so seized, taken, inveigled, kidnapped, or sold, or whose services shall be so sold or transferred, shall have been taken, confined, held, carried, or brought, and upon the trial of any such offense, the consent thereto of the person so taken, inveigled, kidnapped or confined, shall not be a defense, unless it shall be made satisfactorily to appear to the jury, that such consent was not obtained by fraud, nor extorted by duress or by threats.

Sec. 43. If any person shall mingle any poison with any food, drink, or medicine, with intent to kill or injure any other person, or shall willfully poison any spring, well, or reservoir of water, with such intent, he shall be punished by imprisonment in the territorial prison, not more than ten years, nor less than one year.