Page:1864-65 Territory of Dakota Session Laws.pdf/108

96 Section 322. Rape in the first degree defined.

323. Rape in the second degree defined.

324. Punishment of rape in the first degree.

325. Punishment of rape in the second degree.

326. Compelling woman to marry.

327. Taking a woman with intent to compel her to marry or be defiled.

328. Seduction for the purposes of prostitution.

329. Abduction.

330. Seduction under promise of marriage.

331. Subsequent marriage a defense.

Sec. 319. 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 ten years;

2. Where she is incapable, through lunacy or any 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 immediate and great bodily harm, accompanied by apparent power of execution;

5. Where she is prevented from resisting by any intoxicating, narcotic or anesthetic agent administered by or with the privity of the accused;

6. Where she is at the time unconscious of the nature of the act, and this is known to the accused.

7. Where she submits under a belief that the person committing the act is her husband; and this belief is induced by artifice, pretense or concealment, practised by the accused, with intent to induce such belief.

Sec. 320. 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.

Sec. 321. The essential guilt of rape consists in the outrage to the person and feeling of the female. Any sexual pen-