§ 282. Abduction in certain cases defined. A person who, 1. Takes, receives, employs, harbors or uses, or causes or procures to be taken, received, employed or harbored or used, a female under the age of eighteen years, for the purpose of prostitution; or, not being her husband, for the purpose of 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; or, 2. Inveigles or entices an unmarried female, of previous chaste character, into a house of ill-fame or of assignation, or elsewhere, for the purpose of prostitution or sexual intercourse; or, 3. Takes or detains a female 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; or, 4. Being parent, guardian or other person having legal charge of the person of a female under the age of eighteen years, consents to her taking or detaining by any person for the purpose of prostitution or sexual intercourse; is guilty of abduction and punishable by imprisonment for not more than ten years, or by a fine of not more than one thousand dollars, or by both. This section was amended by chap. 46 of 1884, and ch. 31 of 1886; subd's 1 and 4 by chap. 460 of 1895. In effect Sept. 1, 1895. Am'd ch. 46, of 1884, and ch. 31, of 1886. Am'd by ch. 83 ofL. of 1902. In effect September 1, 1902. See § 281, supra. Recommending female to house of prostitution. Wittenburgh's case, 3 C. H. Rec. 49. Actual chastity must be proved. Kauffman v. People, 11 Hun, 82; Carpenter v. People, 8 Barb. 603; People v. Parshall, 6 Park. 129. Purpose of prostitution as well as taking must be shown. People v. Plath, 100 Ν. Υ. 590, rev'g 36 Hun, 454. Sub. 1. Reg. v. Monkletow, 6 Cox Cr. C. 143; Reg. v. Kipps, 4 id. 167; Reg. v. Frazer, 8 id. 446; Reg. v. Biswell, 2 id. 279; Reg. v. Timmons, 8 id. 401; Reg. v. Tinkler, 1 Fost. & F. 513. Legal charge of person. State v. Ruhl, 8 Clarke, 447; People v. Seeley, 37 Hun, 190; Moot v. Moot, id. 288. Sub. 2. Unchastity, character of, how proved. People v. Kane, 14 Abb. Pr. 15; Crozier v. People, 1 Park. 453; People v. Kenyon, 5 id. 254. See Conkey v. People, id. 431; People v. Sheppard, 44 Hun, 565; 5 N. Y. Cr. 136; Kenyon v. People, 26 N. Y. 203; 5 Park. 254; Schnicker v. People, 88 N. Y. 192; People v. Brandt, 110 id. 657; 14 N. Y. State Rep'r, 419; People v. Stott, 4 N. Y. Cr. 308; 5 id. 65; People v. Seeley, 101 N. Y. 642; People v. Powell, 4 N. Y. Cr. 590; People v. Gibson, 6 id. 390; 4 N. Y. Supp. 170; Slocum v. People, 90 III. 274; State v. George, 93 N. C. 567; People v. Carrien, 46 Mich. 442; People v. Cook, 61 Cal. 479; State v. Gordon, 46 N. J. L. 432; Lyons v. State, 52 Ind. 426; Safford v. People, 1 Park. 478; People v. Crotty, 30 N. Y. State Rep'r, 45. § 283. No conviction on certain testimony. - No conviction can be had for abduction, compulsory marriage, rape or defilement, upon the testimony of the female abducted, compelled or defiled, unsupported by other evidence. [AMD. CH. 663 of 1886.] People v. Plath, 100 N. Y. 590; 4 N. Y. Cr. 53; People v. Crowley, 102 Ν. Υ. 234: People v. Brandt, 110 id. 647; 14 N. Y. State Rep'r, 419; People v. O'Sullivan, 104 Ν. Υ. 481; People v. Stott, 5 N. Y. Cr. 61; People v. Cullen, 23 N. Y. State Rep'r, 559; 5 N. Y. Supp. 886; People v. Powell, 4 N. Y. Cr. 586; Conkey v. People, 1 Abb. App. Dec. 418; Crandall v. People, 2 Lans. 309; Woodin v. People, 1 Park. 464; People v. Morris, 35 N. Y. State Rep'r, 943. § 284. Seduction under promise of marriage. A person who, under promise of marriage, seduces and has sexual intercourse with an unmarried female of previous chaste character, is punishable by imprisonment for not more than five years, or by a fine of not more than one thousand dollars, or by both. Conditional promise of marriage sufficient. Kenyon v. People, 26 N. Y. 203; S. C., 5 Park. 254; Boyce v. People, 55 N. Y. 644. Defendant must have ar. rived at age of puberty, need not be of full age. People v. Kenyon, supra; Crozier v. People, 1 Park. 453. But see Cook v. People, 2 S. C. 404. If known that defendant was a married man, no offense. People v. Alger, 1 Park. 333. Mutual promise on part of complainant is implied. People v. Kenyon, supra; People v. Kane, 14 Abb. Pr. 15. Existence of pregnancy not essential to conviction. Cook v. People, 2 S. C. 404. Previous chaste character presumed. People v. Kane, 14 Abb. Pr. 15. Character of promise. People v. Alger, supra; Crozier v. People, supra; State v. Bierce, 27 Conn. 319. Unmarried female. West v. State, 1 Wis. 209. Chaste character. Carpenter v. People, 8 Barb. 603; Safford v. People, 1 Park. 474; Andre v. State, 5 Clarke, 389; Boak v. State, id. 430; Wood v. State, 48 Ga. 192. See Kauffman v. People, 11 Hun, 82. Unchastity, how proved. People v. Kane, 14 Abb. Pr. 15; Conkey v. People, 5 Park. 431; People v. McArdle, id. 180; Crandall v. People, 2 Lans. 309; People v. Kane, 14 Abb. 15; People v. Eckert, 2 N. Y. Cr. 470. See People v. Hustis, 32 Hun, 58; 2 N. Y. Cr. 448; People v. Johnson, 104 N. Y. 213; 5 N. Y. Cr. 218, aff'g 4 id. 591; Reynolds v. People, 41 How. 179; State v. Prizer, 49 Iowa, 531; State v. Higdom, 32 id. 262; Callahan v. State, 63 Ind. 198; Oliver v. Com., 101 Penn. St. 215; People v. De Fore, 64 Mich. 693; Zabriskie v. State, 43 N. J. L. 640; Polk v. State, 40 Ark. 482; People v. Roderigas, 49 Cal. 9; People v. Squires, 49 Mich. 487; Patterson v. Hayden, 17 Ore. 238; Croghan v. State, 22 Wis. 444; People v. Crotty, 30 N. Y. State Rep'r, 45; People v. Kearney, 110 N. Y. 188, rev'g 47 Hun, 129. § 285. Subsequent marriage. - The subsequent intermarriage of the parties, or the lapse of two years after the commission of the offense before the finding of an indictment, is a bar to a prosecution for a violation of the last section. See People v. Millspaugh, 11 Mich. 278. §286. Complainant must be corroborated. - No conviction can be had for the offense specified in section 284, upon the testimony of the female seduced, unsupported by other evidence. See§ 399, Code Cr. Proc.; Armstrong v. People, 70 N. Y. 38. Corroboration must be as to promise and intercourse, not as to chastity or being unmarried. People v. Kenyon, 5 Park. 254. Nature of corroborative evidence necessary. Boyce v. People, 55 N. Y. 644; Crozier v. People, 1 Park. 453; People v. Lomax, 6 Abb. Pr. 139; People v. Hine, 2 Edm. S. C. 110; People v. Kearney, 110 N. Y. 188, rev'g 47 Hun, 129; Crandall v. People, 2 Lans. 309; Cook v. People, 2 Th. & C. 404; People v. Alger, 1 Park. 333; State v. Araah, 55 Iowa, 250; State v. Patterson, 88 Mo. 88; State v. Brassfield, 81 id. 151; State v. Brinkhans, 7 Cr. L. Mag. 343; People v. Jensen, 33 N. W. Rep'r, 811; State v. Hill, 4 S. W. Rep'r, 121; Rice v. Com., 100 Penn. St. 28. CHAPTER III. ABANDONMENT AND OTHER ACTS OF CRUELTY TO CHILDREN. SEC. 287. Abandonment of child under six years. 288. Unlawfully omitting to provide for child. 289. Endangering life, health or morals of child. 290. Keepers of concert saloons, etc. 290a. Boarding infants without license. 291. Children not to beg, etc. 292. Certain employment of a child. 292a. Penalty for sending messenger boys to certain places. 293. Duty of officers of society. § 287. Abandonment of child under six years. - A parent, or other person having the care or custody, for nurture or education, of a child under the age of six years, who deserts the child in any place, with intent wholly to abandon it, is punishable by imprisonment in a state prison, for not more than seven years. [AMD. CH. 325 of 1892. In effect September 1, 1892.] See latter part of amending act in § 303, post. Heg. v. Chandler, 1 Jur. (N. S.) 429; Reg. v. Gray, 7 Cox Cr. C. 326; Reg. v. S., 5 id. 279; Reg. v. Philpot, 6 id. 140. Custodian. State v. Ruhl, 8 Iowa, 447. Bee People, ex rel. Douglass, v. Naehr, 30 Hun, 461; Bayne v. People, 14 id. 181. § 288. Omitting to provide for child. - A person who, 1. Willfully omits, without lawful excuse, to perform a duty by law imposed upon him to furnish food, clothing, shelter or medical attendance to a minor, or to make such payment toward its maintenance as may have been required by the order of a court or magis. trate when such minor has been committed to an institution; or, 2. Not being a superintendent of the poor, or a superintendent of alms-houses, or an institution duly incorporated for the purpose, without having first obtained a license in writing so to do from the board of health of the city or town wherein such females or children are received, boarded or kept, erects, conducts, establishes or maintains any maternity hospital, lying-in asylum where females may be received, cared for or treated during uring pregnancy, or during or after delivery; or receives, boards or keeps any nursing children, or any children under the age of twelve years not his relatives, apprentices, pupils or wards without legal commitment; or, 3. Being a midwife, nurse or other person having the care of an infant within the age of two weeks neglects or omits to report immediately to the health officer or to a legally qualified practitioner of medicine of the city, town or place where such child is being cared for, the fact that one or both eyes of such infant are inflamed or reddened whenever such shall be the case, or who applies any remedy therefor without the advice, or except by the direction of such officer or physician; or, 4. Neglects, refuses or omits to comply with any provisions of this section, or who violates the provisions of such license, is guilty of a misdemeanor. Every such license must specify the name and resi. dence of the person so undertaking the care of such females or children, and the place and the number of females or children thereby allowed to be received, boarded and kept therein, and shall be revocable at will by the authority granting it. Every person so licensed must keep a register wherein he shall enter the names and ages of all such children and of all children born on said premises, and the names and residences of their parents, as far as known, the time of the reception and discharge of such children and the reasons therefor, and also a correct register of the name and age of every child under the age of five years who is given out, adopted, taken away or indentured from such place to or by any one, together with the name and residence of the person so adopting, taking or indenturing such child; and shall cause a correct copy of such register to be sent to the authority issuing such license within forty-eight hours after such child is so given out, adopted, taken away or indentured. It shall be lawful for the officers of any incorporated society for the prevention of cruelty to children and of such board of health at all reasonable times to enter and inspect the premises wherein such females and children are so boarded, received or kept, and also such license, register and the children. 5. No institution shall be incorporated for any of the purposes mentioned in this section except with the written consent and approbation of a justice of the supreme court, upon the certificate in writing of the state board of charities an proving of the organization and incorporation of such institution. The said board of charities may apply to the supreme court for the cancellation of any certificate of incorporation previously filed without its approval, and may institute and maintain an action in such court through the attorney-general to procure a judgment dissolving any such corporation not so incorporated and forfeiting its corporate rights, privileges and franchises. [ADDED BY CH. 171 of 1894. Took effect March 23, 1894.] See latter part of amending act in § 303, post. Fursman v. Van Sise, 56 N. Y. 435, 444; Crowley v. People, 21 Hun, 415; 83 N. Y. 464: Cromwell v. Benjamin, 41 Barb. 558; Kelly v. Davis, 49 N. H. 176; Dedham v. Natick, 16 Mass. 140; People v. McDonald, 49 Hun, 69. § 289. Endangering life, etc., of child. -A person who, 1. Willfully causes or permits the life or limb of any child actually or apparently under the age of sixteen years to be endangered, or its health to be injured, or its morals to become depraved; or, 2. Willfully causes or permits such child to be placed placed in such a situation or to engage in such an occupation that its life or limb is endangered, or its health is likely to be injured, or its morals likely to be impaired; is guilty of a misdemeanor. [AMD. CH. 145 of 1888.] Who is custodian. Officer of benevolent institution. Cowley v. People, 11 W. Dig. 516; 83 Ν. Υ. 464. § 290, Permitting children to attend certain resorts. - A person who, 1. Admits to or allows to remain in any dance-house, concert saloon, theatre, museum, skating rink, or in any place where wines or spirituous or malt liquors are sold or given away, or in any place of entertainment injurious to health or morals, owned, kept or managed by him in whole or in part, any child actually or apparently under the age of sixteen years, unless accompanied by its parent or guardian; or, 2. Suffers or permits any such child to play any game of skill or chance in any such place, or in any place adjacent thereto, or to be or remain therein, or admits to or allows to remain in any reputed house of prostitution or assignation, or in any place where opium or any preparation thereof is smoked, any child actually or apparently under the age of sixteen years; or, 3. Sells or gives away, or causes or permits or procures to be sold or given away to any child actually or apparently under the age of sixteen years any beer, ale, wine, or any strong or spirituous liquor; or, 4. Being a pawnbroker or person in the employ of a pawnbroker, makes any loan or advance or permits to be loaned or advanced to any child actually or apparently under the age of sixteen years any money, or in any manner directly or indirectly receives any goods, chattels, wares or merchandise from any such child in pledge for loans made or to be made to it or to any other person or otherwise howsoever; or, *. Sells, pays for or furnishes any cigar, cigarette or tobacco in any of its forms to any child actually or apparently under the age of sixteen years; Is guilty of a misdemeanor. [AMD. CHS. 46 of 1884; 31 of 1886, and 170 of 1889.] 7. No child actually or apparently under sixteen years of age shall smoke or in any way use any cigar, cigarette or tobacco in any form whatsoever in any public street, place or resort. A violation of this subdivision shall be a misdemeanor, and shall be punished by a fine not less than two dollars for each offense. [ADDED CH. 417 of 1890. In effect September 1, 1890.] §290a. Repealed by chap. 171 of 1894. Took effect March 23, 1894. § 291. Children not to beg, etc.- Any child actually or apparently under the age of sixteen years who is found: 1. Begging or receiving or soliciting alms, in any manner or under any pretense; or gathering or picking rags, or collecting cigar stumps, bones or refuse from markets; or 2. Not having any home or other place of abode or proper guard. ianship; or who has been abandoned or improperly exposed or neg. lected, by its parents or other person or persons having it in charge, or being in a state of want or suffering; or 3. Destitute of means of support, being an orphan, or living or having lived with or in custody of a parent or guardian who has been sentenced to imprisonment for crime, or who has been convicted of a crime against the person of such child, or has been adjudged an habitual criminal; or 4. Frequenting or being in the company of reputed thieves or prostitutes, or in a reputed house of prostitution or assignation, or living in such a house either with or without its parent or guardian. or being in concert saloons, dance-houses, theatres, museums or other places of entertainment, or places where wines, malt or spirituous liquors are sold, without being in charge of its parent or guardian; or playing any game of chance or skill in any place wherein or adjacent to which any beer, ale, wine or liquor is sold or given away, or being in any such place; or 5. Coming within any of the descriptions of children mentioned in section two hundred and ninety-two, must be arrested and brought before a proper court or magistrate, who may commit the child to any incorporated charitable reformatory, or other institution, and when practicable, to such as is governed by persons of the same religious faith as the parents of the child, or may make any disposition of the child such as now is, or hereafter may be authorized in the cases of vagrants, truants, paupers or disorderly persons, but such commitment shall, so far as practicable, be made to such charitable or reformatory institutions. Whenever any child shall be committed to an institution under this Code, and the warrant of commitment shall so state, and it shall appear therefrom that either parent, or any guardian or custodian of such child was present at the examination before such court or magistrate, or had such notice thereof as was by such court or magistrate deemed and adjudged sufficient, no further or other notice required by any local or special statute, in regard to the committal of children to such institution, shall be necessary, and such commitment shall in all respects be sufficient to authorize such institution to receive and retain such child in its custody as therein directed. Whenever any commitment of a child shall for any reason be adjudged or found defective, a new commitment of the child may be made or directed by the court or magistrate, as the welfare of the child may require. And no commitment of a child which shall recite therein the facts upon which it is based shall be deemed invalid by reason of any omission of the court or magistrate by whom such commitment is made to file any documents, papers or proceedings relating thereto, or by reason of any limitation as to the age of the child committed, contained in the act or articles of incorporation of the institution to which it may have been committed. [AMD. CHS. 31 of 1886; 145 of 1888.] 6. Any magistrate having criminal jurisdiction may commit, temporarily, to an institution authorized by law to receive children on final commitment, and to have compensation therefor from the city or county authorities, any child under the age of sixteen years, who is held for trial on a criminal charge; and may, in like manner, so commit any such child held as a witness to appear on the trial of any criminal case; which institution shall thereupon receive the same, |