Page:1862 Territory of Dakota Session Laws.pdf/182

CHAP. IX.] human being of a member of his or her body, or disfiguring or rendering it useless. If any person shall unlawfully cut out or disable the tongue, put out any eye, slit the nose, ear, or lip, or disable any limb or member of another, or shall voluntarily and of purpose put out an eye or eyes, every such person shall be guilty of mayhem, and on conviction, shall be punished by confinement in the penitentiary for a term not less than one year nor more than three years: Provided, That no person shall be found guilty of mayhem where the fact occurred during a fight had by consent, nor unless it appear that the person accused shall have been the assailant, or that the party maimed had, in good faith, endeavored to decline further combat. But in all other cases where the fact shall happen in actual fight, the party accused being thereof duly convicted, shall be adjudged guilty of a felony, and punished by imprisonment in the penitentiary not exceeding one year, and be fined not exceeding one thousand dollars.

. 44. Any person who shall wilfully and maliciously deprive any person of either or both, or of any part of either or both of their testicles, shall be punished by fineconfinement [sic] in the penitentiary, not less than five, nor more than fifteen years.

. 45. Rape is the carnal knowledge of a female, forcibly and against her will. Every male person of the age of fourteen years and upward, who shall have carnal knowledge of any female child under the age of ten years, either with or without her consent, shall be adjudged to be guilty of the crime of rape. Every person convicted of the crime of rape shall be punished by confinement in the penitentiary, for a term not less than one year, and may extend to life.

. 46. It shall not be necessary to prove emission to convict any person of the crime of rape, or the crime against nature.

. 47. The infamous crime against nature, either with man or beast, shall subject the offender to be punished by imprisonment in the penitentiary for a term not less than one year, and may extend to life.

. 48. An assault is an unlawful attempt, coupled with a present ability to commit a violent injury on the person of another.

. 49. An assault, with an attempt to commit murder, rape, mayhem, robbery, or larceny, shall subject the offender