Page:Revised Codes of the State of North Dakota 1895.pdf/1303

Rape, Abduction, etc. § 7168. When crime complete. The essential guilt of rape consists in the outrage to the person and feeling of the female. Any sexual penetration, however slight, is sufficient to complete the crime.

$ 7159. Rape in first degree defined. 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.

§ 7160. Rape in second degree defined. In all other cases rape is of the second degree; but no conviction can be had in case the female is over the age of ten years and the male under the age of twenty years at the time of the act of intercourse, and it appears to the satisfaction of the jury that the female was sufficiently matured and informed to understand the nature of the act and consented thereto.

§ 7161. Punishment for first degree. Rape in the first degree is punishable by imprisonment in the penitentiary not less than ten years.

§ 7162. Punishment for second degree. Rape in the second degree is punishable by imprisonment in the penitentiary not less than five years.

§ 7163. Compelling woman to marry. 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 penitentiary not less than ten years.

§ 7164. Intent to compel marriage or defilement. 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 penitentiary not less than one and not exceeding ten years.

§ 7165. Inveigling into house of prostitution. Every person who inveigles or entices any unmarried female of previous chaste character under the age of twenty years, into any house of ill fame or of assignation or eleswhere, for the purpose of prostitution, and every person who aids ar assists in such abduction for such purpose, is punishable by imprisonment in the penitentiary not less than one and not exceeding five years, or by imprisonment in the county jail not exceeding one year, or by a fine not exceeding one thousand dollars, or by both such fine and imprisonment.

§ 7166. Abduction for prostitution. Every person who takes away any female under the age of eighteen years, from her father, mother, guardian or other person having the legal charge of her person, without the consent of such father, mother, guardian or other person having the legal charge of her person. either for the purpose of concubinage or prostitution, is punishable by imprisonment in the penitentiary not less than one and not exceeding five years, or in the county jail not exceeding one year, or by fine not exceeding one thousand dollars, or by both.

§ 7167. Seduction under promise of marriage. Every male person over twenty-one years of age who, under promise of marriage, seduces and has illicit connection with an unmarried female under twenty years of age and of previous chaste character, is punishable