a woman, unless the same is necessary to preserve her life, and the death of the woman, or that of any quick child of which she is pregnant, is thereby produced, shall be guilty of manslaughter in the first degree. (4882) 8613. Voluntary miscarriage-Death of child. Every woman quick with child, who shall take or use, or submit to the use of any drug, medicine, or substance, or any instrument or other means, with intent to produce her own miscarriage, unless the same shall be necessary to preserve her own life or that of the child of which she is pregnant, if the death of such child shall be thereby produced, shall be guilty of manslaughter in the second degree. 8655. Rape.--Rape is an act of sexual intercourse with a female not the wife of the perpetrator, committed against her will or without her consent. Every person who shall perpetrate such an act of sexual intercourse with a female of ten years or upwards, not his wife— 1. When through idiocy, imbecility, or any unsoundness of mind, either temporary or permanent, she is incapable of giving consent. 2. Where resistance is forcibly overcome; 3. When her resistance is prevented by fear of immediate and great bodily harm, which she has reasonable cause to believe will be inflicted upon her; 4. When her resistance is prevented by stupor or by weakness of mind produced by an intoxicating, narcotic, or anaesthetic agent administered by or with the privity of the defendant; or 5. When she is at the time unconscious of the nature of the act, and this is known to the defendant- Shall be punished by imprisonment in the state prison for not less than seven nor more than thirty years. (4926) 8656. Carnal knowledge of children. Every person who shall carnally know and abuse any female child under the age of eighteen years shall be punished as follows: 1. When such child is under the age of ten years, by imprisonment in the state prison for life. 2. When such child is ten and under the age of fourteen years, by imprisonment in the state prison for not less than seven nor more than thirty years. 3. When such child is fourteen and under the age of eighteen years, by imprisonment in the state prison for not more than seven years, or by imprisonment in the county jail for not more than one year. (R. L. § 4927, amended '09 c. 92 § 1) 8659. Abduction-Evidence.-Every person who— 1. Shall take a female under the age of eighteen years, for the purpose of prostitution or sexual intercourse, or, without the consent of her father, mother, guardian or other person having legal charge of her person, for the purpose of marriage. 2. Shall inveigle or entice an unmarried female under the age of twenty-five years, of previous chaste character, into a house of ill fame or assignation, or elsewhere for the purpose of prostitution or sexual inter course; 3. Shall take or detain a woman unlawfully against her will, with intent to compel her by force, menace, or duress to marry him or any other person, or to be defiled, or 4. Being parent, guardian, or other person having legal charge of the person of a female under the age of eighteen years, shall consent to her taking or detention by any person for the purpose of prostitution or sexual intercourse— Shall be guilty of abduction and punished by imprisonment in the state prison for not more than five years, or by a fine of not more than one thousand dollars, or both. But no conviction shall be had for abduction or compulsory marriage upon the unsupported testimony of the female abducted or compelled. (R. L. § 4930, amended '09 c. 92 § 2) 8662. Seduction under promise of marriage-Evidence.— Every person who, under promise of marriage, shall seduce and have sexual intercourse with an unmarried female of previous chaste character, shall be punished by imprisonment in the state prison for not more than five years, or by a fine of not more than one thousand dollars, or by both. But no conviction shall be had for the offence specified herein upon the unsupported testimony of the female seduced. The subsequent intermarriage of the parties, or the lapse of two years after the commission of the offence before the finding of an indictment, shall be a bar to a prosecution for a violation of this section. (4931) 8663. Indecent assault.-Every person who shall take any indecent liberties with or on the person of any female, not a public prostitute, without her consent expressly given, and which acts do not in law amount to rape, an attempt to commit a rape, or an assault with intent to commit a rape, and every person who shall take such indecent liberties with or on the person of any female under the age of fourteen years, without regard to whether she shall consent to the same or not, shall be guilty of a felony. (4932) 8664. Soliciting boy under 18 to house of ill fame, etc.— Any person who shall solicit any boy under the age of eighteen years to visit a house of ill fame or assignation for the purpose of prostitution or sexual intercourse, or shall direct or accompany such boy to any such house of ill fame or assignation for such purpose, or shall arrange or assist in arranging any meeting for such purpose between any boy under the age of eighteen years and any female of dissolute character or any inmate of any house of ill fame or assignation, shall be guilty of a felony, and upon conviction thereof shall be punished by imprisonment for not less than six months nor more than five years. ('07 c. 320 § 1) 8665. Same-Admitting or cohabiting-Any keeper of any house of ill fame or assignation who shall for any unlawful purpose admit to such house any boy under the age of eighteen years, or any female inmate of any such house of ill fame or assignation who shall cohabit with any boy under the age of eighteen years, shall be guilty of a felony, and upon conviction thereof shall be punished by imprisonment for not less than eighteen months nor more than seven years. ('07 c. 320 § 2) 8693. Abortion, how punished. Every person who, with intent thereby to produce the miscarriage of a woman, unless the same is necessary to preserve her life, or that of the child with which she is pregnant, shall 1. Prescribe, supply, or administer to a woman, whether pregnant or not, or advise or cause her to take, any medicine, drug, or substance; or, 2. Shall use, or cause to be used, any instrument or other meansShall be guilty of abortion, and punished by imprisonment in the state prison for not more than four years, or in a county jail for not more than one year. (4942) 8694. Pregnant woman attempting abortion.-A pregnant woman who takes any medicine, drug, or substance, or uses or submits to the use of any instrument or other means, with intent thereby to produce her own miscarriage, unless the same is necessary to preserve her life, or that of the child whereof she is pregnant, shall be punished by imprisonment in the state prison for not less than one nor more than four years. (4943) 8695. Selling drugs, etc.-Whoever shall manufacture, give, or sell an instrument, drug, or medicine, or any other substance, with intent that the same may be unlawfully used in producing the miscarriage of a woman, shall be guility of a felony. (4944) 8696. Evidence. In any prosecution for abortion or attempting abortion, no person shall be excused from testifying as a witness on the ground that his testimony would tend to criminate himself. (4945) An act to amend Section 8697, General Statutes, 1913, by elimi- Chapter 231, nating therefrom the word "bastard." Be it enacted by the Legislature of the State of Minnesota: Laws 1917, Page 348. Section 1. Punishment for concealing birth or causing death of child and the elimination of the word "bastard" from the statutes.—Section 8697, General Statutes, 1913, is hereby amended so as to read as follows: 8697. Every person who shall endeavor to conceal the birth of a child by any disposition of its dead body, whether the child died before or after its birth, shall be guilty of a misdemeanor; and every woman, who, having been convicted of endeavoring to conceal the still-birth of any issue of her body, which if born alive would be illegitimate, or the death of such issue under the age of two years, shall, subsequent to such conviction, endeavor to conceal any such birth or death, shall be punished by imprisonment in the state prison for not more than five years. 8702. Adultery.-Whenever any married woman shall have sexual intercourse with a man, other than her husband, whether married or not, both shall be guilty of adultery, and punished by imprisonment in the state prison for not more than two years, or by a fine of not more than three hundred dollars; but no prosecution shall be commenced except on complaint of the husband or the wife, save when such husband or wife shall be insane, nor after one year from the commission of the offence. (4951) Chapter 193, An act to amend Section 8703, General Statutes, 1913, defining the Section 1. Each person guilty.-Section 8703, General Statutes, 1913, is hereby amended so as to read as follows: 8703. Whenever any man and single woman have sexual intercourse with each other, each is guilty of fornication and shall be punished by imprisonment in the county jail for not more than ninety days, or by a fine of not more than one hundred dollars. Sec. 2. Effective Jan. 1, 1920.-This act shall take effect and be in force from and after the first day of January, 1920. Approved April 7, 1919. 8704. Exposure of person-Public indecency. Every person who shall wilfully and lewdly expose his person, or the private parts thereof, in any public place, or in any place where others are present, or shall procure another to so expose himself, and every person who shall be guilty of any open or gross lewdness or lascivious behavior, or any public indecency other than hereinbefore specified, shall be guilty of a misdemeanor, and punished by a fine of not less than five dollars, or by imprisonment in a county jail for not less than ten days. (4953) E. Dance Halls, Pool Rooms, Public Places and Gambling. 8670. Keepers of public places to exclude minors.-Whoever permits any person under the age of twenty-one years to be or remain in any dance house, concert saloon, place where intoxicating liquors are sold or given away, or any place of entertainment injurious to the morals, owned, kept, or managed by him in whole or in part, or shall permit any person under the age of twenty-one years to play any game of skill or chance in any such place, shall be guilty of a misdemeanor, and be punished by a fine of not less than twenty-five dollars. (4936) 8671. Minors-Gaming by prohibited, where How punished. All persons under the age of twenty-one years are prohibited from playing pool or billiards or cards in any saloon or room connected therewith, or in any restaurant or public place of amusement in which tobacco, confectionery, or drinks of any kind, except water, are in any manner disposed of; and every keeper or person in charge of any such place who shall permit or suffer any person under the age of twenty-one years to play pool, billiards, or cards therein shall be guilty of a misdemeanor, and be punished by a fine of not less than twenty-five dollars, or by imprisonment in the county jail not exceeding thirty days. (4937) 8672. Minors unaccompanied, etc.-Playing pool, billiards, or bowling prohibited, where How punished. Any person under the age of eighteen years or who is a minor pupil in any school, college or university is prohibited from playing pool, billiards or ten pins or bowling whether on a ten pin alley or a box ball alley in any public pool or billiard room or bowling alley or in any public place of business, unless accompanied by his parent or guardian, and any person under the age of eighteen years or who is a minor pupil in any school, college or university who shall engage in any game of pool or billiards or bowling in any such place, or frequent or loiter within any pool or billiard room or bowling alley, or any public place of business where pool, billiards or bowling are played, unless accompanied by his parent or guardian, shall be guilty of a misdemeanor and shall be punished by a fine of not exceeding ten dollars. ('13 c. 572 § 1) 8673. Same-Keepers of public places to exclude-Penalty. Every keeper or person in charge of any pool or billiard room, public bowling alley or public place of business where pool, billiards or bowling are played who shall permit or allow any person under the age of eighteen years or any minor pupil of any school, college or university to play any of said games, therein, or to gather in, loiter or frequent any such place unless accompanied by his parent or guardian, shall be guilty of a misdemeanor and be punished by a fine of not less than twenty-five |