Page:1864-65 Territory of Dakota Session Laws.pdf/109

Rh stration however slight, is sufficient to complete the crime.

Sec. 322. Rape committed upon a female under the age of ten years, or incapable through lunacy or any other unsoundness of mind of givir:g legal consent, or accomplished by means of force overcoming her resistance, is rape in the first degree.

Sec. 323. In all other cases rape is of the second degree.

Sec. 324. Rape in the first degree is punishable by imprisonment in the territorial prison not less than ten years.

Sec. 325. Rape in the second degree is punishable by imprisonment in the territorial prison not less than five years.

Sec. 326. Every person who takes any woman against her will, and by force, menace or duress compels her to marry him or to marry any other person, is punishable by imprisonment in the territorial prison not less than ten years.

Sec. 327. Every person who takes any woman unlawfully against her will, with the intent to compel her by force, menace or duress to marry him, or to marry any other person, or to be defiled, is punishable by imprisonment in the territorial prison not exceeding ten years.

Sec. 328. 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, is punishable by imprisonment in the territorial 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.

Sec. 329. Every person who takes away any female under the age of fifteen years, from her father, mother, guardian or other person having the legal charge of her person, without their consent, either for the purpose of marriage, concubinage or prostitution is punishable by imprisonment in the territorial 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.