where such newspaper, handbill, poster, book, or serial publication or supplement is printed or has its publication office, or in the county where the person whose portrait or caricature is published resides at the time of the alleged publication. En. Stats. 1899, 28. § 259. Newspaper articles to be signed. Every article, statement, or editorial, contained in any newspaper or other printed publication, printed or published in this state, which by writing or printing tends to blacken the memory of one who is dead, or to impeach the honesty, integrity, virtue or reputation, or publish the natural or alleged defects of one who is alive, and thereby expose him or her to public hatred, contempt or ridicule, must be supplemented by the true name of the writer of such article, statement, or editorial, signed or printed at the end thereof. Any owner, proprietor or publisher of any newspaper or other printed publication, printed or published in this state, who shall publish any such article, statement, or editorial in any printed publication, printed or published in this state, which is not so supplemented by the true name of the writer thereof, signed or printed at the end thereof as required by this section, shall forfeit the sum of one thousand dollars for each and every article, statement, or editorial so published in violation of the requirements of this section, which said sum so forfeited may be sued for and recovered against any such owner, publisher, or proprietor so violating this section, in a civil action by and in the name of any person who may bring action therefor, one half of the recovery to be paid into the treasury of this state by the plaintiff and the other half to be retained by the plaintiff in such action. If, in any such action, it shall appear by affidavit to the satisfaction of the court where such action is commenced that a defendant has made a publication in violation of this section within this state, and that after due diligence such defendant cannot be found within this state, or is a foreign corporation, the court must direct an attachment in such action to issue against the property of such defendant, and thereupon such attachment shall issue and be executed as in other cases where by law an attachment is provided for. Where the work of any author is contained in a book or pamphlet it shall be sufficient that the name of the author be printed upon the cover, or upon a leaf therein, and where any publisher in the regular course of business publishes as news, telegraphic dispatches not furnished or forwarded by its or his own correspondent or correspondents, but furnished and forwarded by telegraph as news by a telegraphic news agency, established and engaged in forwarding telegraphic news to various different publishers as a business, and having an established business name as such a news agency, it shall be sufficient as to such dispatches that the said business name of such telegraphic news agency be printed in connection with such dispatches as the forwarder of the same. En. Stats. 1899, 155. TITLE IX. OF CRIMES AGAINST THE PERSON AND AGAINST PUBLIC DECENCY AND GOOD MORALS. Chapter I. Rape, Abduction, Carnal Abuse of Children, and Seduction, §§ 261-269. II. Abandonment, and Neglect of Children, §§ V. Bigamy, Incest, and the Crime against Nature, §§ 281-288. VI. Violating Sepulture and the Remains of the VII. Crimes against Religion and Conscience, and other Offenses against Good Morals, §§ 2993102. VIII. Indecent Exposure, Obscene Exhibitions, Books, and Prints, and Bawdy and Other Disorderly Houses, §§ 311-318. XI. Pawnbrokers, §§ 338-344. XII. Other Injuries to Persons, §§ 346-367. RAPE, ABDUCTION, CARNAL ABUSE OF CHILDREN, AND SE § 261. Rape defined. Rape is an act of sexual intercourse, accomplished with a female not the wife of the perpetrator, under either of the following circumstances: 1. Where the female is under the age of sixteen years; 2. Where she is incapable, through lunacy or other unsoundness of mind, whether temporary or permanent, of giving legal consent; 3. Where she resists, but her resistance is overcome by force or violence; 4. Where she is prevented from resisting by threats of great and immediate bodily harm, accompanied by apparent power of execution, or by any intoxicating narcotic, or anæsthetic substance, administered by or with the privity of the accused; 5. Where she is at the time unconscious of the nature of the act, and this is known to the accused; 6. Where she submits under the belief that the person committing the act is her husband, and this belief is induced by any artifice, pretense, or concealment practiced by the accused, with intent to induce such belief. En. February 14, 1872. Am'd. 1889, 223; 1897, 201. Cal. Rep.Cit. 63, 615; 70, 468; 106, 214; 112, 672; 138, 468. Subd. 2-117, 585; 129, 121. Subd. 470, 473; 129, 121. 129, 121. 75, 324; 94, 311; 106, 213; Assault with intent to commit: See ante, sec. 220. § 262. When physica! ability must be proved. No conviction for rape can be had against one who was under the age of fourteen years at the time of the act alleged, unless his physical ability to accomplish penetration is proved as an independent fact, and beyond a reasonable doubt. En. February 14, 1872. Cal.Rep. Cit. 98, 353. § 263. Penetration sufficient. The essential guilt of rape consists in the outrage to the person and feelings of the female. Any sexual penetration, however slight, is sufficient to complete the crime. En. February 14, 1872. Cal.Rep.Cit. 133, 23. 264. Punishment of rape. Rape is punishable by imprisonment in the state prison not less than five years. En. February 14, 1872. Cal.Rep. Cit. 98, 129. § 265. Abduction of women. Every person who takes any woman unlawfully, against her will, and by force, menace, or duress, compels her to marry him, or to marry any other person, or to be defiled, is punishable by imprisonment in the state prison not less than two nor more than fourteen years. En. February 14, 1872. § 266. Seduction for purposes of prostitution. Every person who inveigles or entices any unmarried female, of previous chaste character, under the age of eighteen years, into any house of ill-fame or of assignation, or elsewhere, for the purpose of prostitution, or to have illicit carnal connection with any man; and every person who aids or assists in such inveiglement or enticement; and every person who, by any false pretenses, false representation, or other fraudulent means, procures any female to have illicit carnal connection with any man, is punishable by imprisonment in the state prison 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. En. February 14, 1872. Am'd. 1873-4, 429. Cal.Rep.Cit. 49, 10; 87, 286; 119, 594. See "Act to punish seduction," 1872, post, Appendix, title Seduction, and "Act to punish adultery," 1872: See post, Appendix, title Adultery. Act to prevent prostitution: See post, Appendix, title Prostitution. Act to prevent placing married women in house of illfame: See post, Appendix, title Prostitution. § 267. Abduction. 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 |