Legal Status of Women in Iowa Part 10

CHAPTER X.

CRIMINAL LAW-ILLEGITIMATE CHILDREN.

[Sidenote: Rape.]

If any person ravish or carnally know any female of the age of thirteen years or more, by force and against her will, or carnally know and abuse any female child under the age of thirteen years, he shall be punished by imprisonment in the penitentiary for life or any term of years.

[--5160.]

[Sidenote: Intent to commit rape.]

If any person a.s.sault a female with intent to commit a rape he shall be punished by imprisonment in the penitentiary not exceeding twenty years.

[--5172.]

[Sidenote: Compelling to marry.]

If any person take any woman unlawfully and against her will, and by force, menace or duress, compel her to marry him, or to be defiled, he shall be fined not exceeding one thousand dollars and imprisoned in the penitentiary not exceeding ten years. [--5161.]

[Sidenote: Carnal knowledge.]

If any person have carnal knowledge of any female by administering to her any substance, or by any other means producing such stupor or such imbecility of mind or weakness of body as to prevent effectual resistance, or have such carnal knowledge of an idiot or female naturally of such imbecility of mind or weakness of body, as to prevent effectual resistance, he shall upon conviction, be punished as provided in the section relating to ravishment. [--5162.]

[Sidenote: Producing miscarriage of pregnant woman.]

If any person with intent to produce the miscarriage of any pregnant woman, wilfully administer to her any drug or substance whatever, or, with such intent, use any instrument or any means whatever, unless such miscarriage shall be necessary to save her life, he shall be imprisoned in the state prison for a term not exceeding five years, and be fined in a sum not exceeding one thousand dollars. [--5163.]

[Sidenote: Enticing female child for prost.i.tution.]

If any person take or entice away any unmarried female, under eighteen years of age, from her father, mother, guardian, or other person having the legal charge of her person, for the purpose of prost.i.tution, he shall upon conviction be punished by imprisonment in the penitentiary for not more than three years, or by fine of not more than one thousand dollars and imprisonment in the county jail not more than one year.

[--5164.]

[Sidenote: Enticing away child.]

If any person maliciously, forcibly or fraudulently lead, take, decoy, or entice away any child under the age of fourteen years, with the intent to detain or conceal such child from its parent, guardian, or any other person having the lawful charge of such child, he shall be punished by imprisonment in the penitentiary not more than ten years, or by a fine not exceeding one thousand dollars or by both such fine and imprisonment. [--5165.]

[Sidenote: Seduction.]

If any person seduce and debauch any unmarried woman of previously chaste character, he shall be punished by imprisonment in the penitentiary not more than five years, or by fine not exceeding one thousand dollars and imprisonment in the county jail not exceeding one year. [--5166.]

[Sidenote: Marriage a bar.]

If, before judgment upon an indictment, the defendant marry the woman thus seduced, it is a bar to any further prosecution for the offense.

[--5167.] An offer, by the defendant, to marry the woman, will not be a bar to a prosecution for seduction, as nothing but actual marriage will const.i.tute such bar.

[Sidenote: Adultery.]

Every person who commits the crime of adultery shall be punished by imprisonment in the penitentiary not more than three years, or by a fine not exceeding three hundred dollars and imprisonment in the county jail not exceeding one year; and when the crime is committed between parties, only one of whom is married, both are guilty of adultery and shall be punished accordingly. No prosecution for adultery can be commenced but on complaint of the husband or wife. [--5317.]

[Sidenote: Evidence in cases of rape or seduction.]

The defendant in a prosecution for a rape, or for an a.s.sault with intent to commit a rape, or for enticing or taking away an unmarried female of previously chaste character, for the purpose of prost.i.tution, or aiding or a.s.sisting therein, or for seducing or debauching any unmarried woman of previously chaste character, cannot be convicted upon the testimony of the person injured, unless she be corroborated by other evidence tending to connect the defendant with the commission of the offense.

[--5958, as amended by act of the Twenty-fifth General a.s.sembly.] The corroboration required by this section need not be by evidence of witnesses to the act, but may be wholly by circ.u.mstances and facts which tend to connect the accused with the commission of the crime.

[Sidenote: Bigamy.]

If any person who has a former husband or wife living, marry another person, or continue to cohabit with such second husband or wife in this state, he or she, except in cases mentioned in the following section, is guilty of bigamy, and shall be punished by imprisonment in the penitentiary not more than five years, or by fine not exceeding five hundred dollars and imprisonment in the county jail not more than one year. [--5318.]

[Sidenote: Exceptions.]

The provisions of the preceding section do not extend to any person whose husband or wife has continuously remained beyond seas, or who has voluntarily withdrawn from the other and remained absent for the s.p.a.ce of three years together, the party marrying again, not knowing the other to be living within that time; nor to any person who has been legally divorced from the bonds of matrimony. [--5319.]

[Sidenote: Knowingly marrying husband or wife.]

Every unmarried person who knowingly marries the husband or wife of another, when such husband or wife is guilty of bigamy thereby, shall be imprisoned in the penitentiary not exceeding three years, or by fine of not more than three hundred dollars and imprisonment in the county jail not exceeding one year. [--5320.]

[Sidenote: Lewdness.]

If any man or woman not being married to each other lewdly and viciously a.s.sociate and cohabit together, or if any man or woman, married or unmarried, is guilty of gross lewdness and designedly make an open and indecent, or obscene exposure of his or her person, or the person of another, every such person shall be punished by imprisonment in the county jail not exceeding six months, or by fine not exceeding two hundred dollars. [--5321.]

[Sidenote: Keeping house of ill-fame.]

If any person keep a house of ill-fame, resorted to for the purpose of prost.i.tution or lewdness, such person shall be punished by imprisonment in the penitentiary not less than six months nor more than five years.

[--5322.]

[Sidenote: Houses of ill-fame.]

Houses of ill-fame kept for the purpose of prost.i.tution and lewdness, gambling houses, or houses where drunkenness, quarreling, fighting or breaches of the peace are carried on or permitted, to the disturbance of others, are nuisances, and may be abated and punished as provided in this chapter. [--5472.]

[Sidenote: Lease rendered void.]

When the lessee of a dwelling house is convicted of keeping the same as a house of ill-fame, the lease or contract for letting such house is, at the option of the lessor, void, and such lessor may thereupon have the like remedy to secure possession as against a tenant holding over after the expiration of his term. [--5323.]

[Sidenote: Leasing house for such purpose.]

If any person let any house, knowing that the lessee intends to use it as a place of resort for the purpose of prost.i.tution or lewdness, or knowingly permit such lessee to use the same for such purpose, he shall be punished by fine not exceeding three hundred dollars, or imprisoned in the county jail not exceeding six months. [--5324.]

[Sidenote: Enticing to house of ill-fame.]

If any person entice back into a life of shame any person who has heretofore been guilty of the crime of prost.i.tution, or who shall inveigle or entice any female, before reputed virtuous, to a house of ill-fame, or knowingly conceal or a.s.sist or abet in concealing such female, so deluded or enticed for the purpose of prost.i.tution or lewdness, he shall be punished by imprisonment in the penitentiary not less than three nor more than ten years. [--5325.]

[Sidenote: Penalty for prost.i.tution.]

If any person, for the purpose of prost.i.tution or lewdness resorts to, uses, occupies or inhabits any house of ill-fame, or place kept for such purpose, or if any person be found at any hotel, boarding house, cigar store or other place, leading a life of prost.i.tution and lewdness, such person shall be punished by imprisonment in the penitentiary not more than five years. [--5326.]

[Sidenote: Incest.]