Page:1887 Compiled Laws of Dakota Territory.pdf/1106

§§ 6521-6529

§ 6521. 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 fourteen 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 practiced by the accused, with intent to induce such belief.

§ 6522. No conviction for rape can be had against one who must be shown, 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.

§ 6523. The essential guilt of rape consists in the outrage to constitute to the person and feeling of the female. Any sexual penetration, however slight, is sufficient to complete the crime.

§ 6524. Rape committed upon a female under the age of ten years, or incapable, through lunacy or any other unsoundness of mind, of giving legal consent, or accomplished by means of force overcoming her resistance, is rape in the first degree.

§ 6525. In all other cases, rape is of the second degree.

§ 6526. Rape in the first degree is punishable by imprisonment in the territorial prison not less than ten years.

§ 6527. Rape in the second degree is punishable by imprisonment in the territorial prison not less than five years.

§ 6528. 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.

§ 6529. 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.