Page:Revised Codes of the State of North Dakota 1895.pdf/1304

§§ 7168-7171 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.

§ 7168. Subsequent marriage or offer of. If the parties marry each other at any time before the conviction of the defendant, no prosecution shall take place, or, if begun, it shall be dismissed, or if the defendant, at any time after the illicit connection and before the case is submitted to the jury, in good faith offers to marry the female seduced and the jury so finds from the evidence, the defendant must be acquitted. But the benefits of this section shall not apply to a defendant who was in fact married at the time of committing the se; provided, that no person who was married at the committing the offense, and the fact of the marriage was known to the female shall be held liable for the offense defined in section 7167.

CHAPTER 28.

ADULTERY AND UNLAWFUL COHABITATION.

§ 7169. Adultery defined. Limitation. Adultery is the voluntary sexual intercourse of a married person with a person other than the offender's husband or wife and when the intercourse is between a married woman and a man that is unmarried the man is also guilty of adultery. No prosecution for adultery shall be commenced except on the complaint of the husband or of the wife, and no such prosecution shall be commenced after one year from the time of the committing of the offense.

§ 7170. How punished. Every person convicted of the crime of adultery is punishable by imprisonment in the penitentiary not less than one and not exceeding three years, or in the county jail not exceeding one year, or by fine not exceeding five hundred dollars, or by both.

§ 7171. Unlawful cohabitation. Punishment. Every person who lives openly and notoriously and cohabits as husband or wife with a person of the opposite sex without being married to such person, is guilty of a misdemeanor and upon conviction thereof is punishable by imprisonment in the county jail not less than thirty days and not exceeding one year, or by a fine of not less than one hundred and not exceeding five hundred dollars.