Full text of Laws Relating to Sex Offenses Against Children, Bureau Publication No. 145

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II
X

%c
I \ *$■

LETTER OF TRANSMITTAL

U

n it e d

S tates D

e p a r t m e n t of

L

abor,

C h il d r e n ’s B

ureau,

Washington, February 20, 1925.
S ir : There is transmitted herewith a summary o f Laws Relating
to Sex Offenses against Children. The abstract o f these laws was
made by Reuben Oppenheimer, and the laws were compiled by
Lulu L. Eckman.
Respectfully submitted.
G race A

Hon.

Jam es J. D

a v is ,

Secretary o f Labor

bbo tt,

Chief.

.
m


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CONTENTS

Page

Letter o f transmittal____________________ !_____________________________
Age-of-consent laws_____________ ______________ __________________ a____
Introduction__ _______________________________________ _____ ,________
Abstract of laws_______________________________________________.___
Ages fixed by law__________________________________________- __
Age of male a defense---------- .---------- -----------------------------------Punishment of female__________ _________________ _______ s____
Capital punishment------------------ ----d_*—
______ - —-_________
Imprisonment_________ _________________________________________
Punishment by fine__________ _________ _______________________
Confinement in correctional institutions________________________
Analytical index and text of laws relating to sex offenses against
children__ ______ ________________ ;__ _______i____________ _____________
Introduction__________________________________________ ___ _________
Analytical index of State laws__________________ ________ __________
Text of State la w s _______________________________ .— _____________
Alabama________________________________ ______________________
Arizona_________________ __________________________ ___________
Arkansas_________________________ .____________|----------------------California_________________________________________ __________ __
Colorado_________________________________ — -------------------------Connecticut_____________________ _______________ — _____ .______
Delaware________ _______________ .____________________ __________
District of Columbia____________________ ____________ _________
Florida___________________ ________________________ ___________
Georgia_________________________________________________ ______
Hawaii----------------------- -------------------- -----------------------------------------Idaho_________________ _______________________ _________________
Illinois---------------------------------------- ------------------------------ -—---------Indiana______________ ________________________________ £----------Iowa________________________________ ____________________ ______
Kansas______ _________________________ __________ _——- — ----- —Kentucky__________________________________________________ i----Louisiana______________________________________________ _______
Maine__________ _________________________ — -----------------------------Maryland_____________ _—------------------------------ ----- --------------------Massachusetts______________________________________________ —
Michigan_______________ ________ ________ ,_____ t------ ——------Minnesota—_________i------------- ------------------- —-------------------- %—
Mississippi—___________________________________________________
Missouri------------------ ----------------------------------------------------------------Montana_.__________________________________ i----------------------------Nebraska_____________________ — ------------------------———-------- —
Nevada------------ ------------------------------------------—----------—.-------------New Hampshire------------------ ----------------------------- A.--------------------New Jersey------------------------ --------------------------------------------------- h.
New Mexico__________________________________ —---------------------New York__________ ____ :------------------------------------------------- — —
North Carolina------- --------------------------------------- ------ 1---------------—
North Dakota_____________________________ ___________________
Ohio__________________________ __________________ ________ _____
Oklahoma
—i— _________________________________ ____________
v

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VI

CONTENTS

Analytical index— Continued.
Text of State laws— Continued.
Pftse
Oregon_____________________ __________________________________
58
Pennsylvania_________ '________________________________________
59
Porto R ic o _________________________________________
61
61
Rhode Island---- --------------------------------------------------------- --------------South Carolina------------------------------- !—l-------- -------------------------62
South Dakota____,--------- ----------------------- .---------------------------------63
64
Tennessee_____________________________________________________
Texas__________________ t l l i -------_i__.-------------------------------------65
66
Utah________________________________________________¿|||----------Vermont______ _______________— -------- ------------- ------ --------- -------67
67
Virginia—------- ----------------------------------Washington_______________ _____________ :----------------------------- -—
68
69
West Virginia_____________ 1-------------------------------------- i—i— l----Wisconsin---------------------------------------------- ------------- — ------------69
Wyoming---------------------------------------------------------------------------------71
Text of Federal laws________________________________________i------72
Offenses within the admiralty and maritime and the territorial
jurisdiction of the United States_________________________—
72
Traffic in females for immoralpurposes—White-slave traffic—
72
Importation of aliens for immoral purposes---------------------------74


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LAWS RELATING TO SEX OFFENSES AGAINST CHILDREN1
AGE-OF-CONSENT LAWS
By R euben O p pe n h e im e b
INTRODUCTION

Sir Matthew Hale laid it down as a rule o f common law that
intercourse with a female under the age of 12 years is rape whether
or not the girl protested, on the ground that a female under that
age is incapable of consent. A statute passed during the reign of
Queen Elizabeth was held to provide for the same punishment for
intercourse with females under 10 whether or not they consented,
as for intercourse with females over that age without their consent.
Actually a sharp distinction exists between the offense o f rape, the
essence o f which is sexual intercourse with a woman against her
will, and the offense which has come to be known as statutory rape,
the essence o f which consists in sexual intercourse with a female
under a fixed age, whether or not it be against her will.
There is considerable diversity among the laws o f the States
as to the age below which the consent of the female is immaterial,
but the motive for the passage o f the various statutes is the same—
protection o f females who, in the eyes of the law, have not reached
such a degree of physical and mental maturity as to be able to pro­
tect themselves. The age limit as provided in the statutes o f States
and Territories o f this country varies from 12 years to 21 years.
The fixing o f the age limit necessarily depends in a great measure
upon local conditions, climate, and the mental and physical devel­
opment o f the people. Grave wrong is done the State, and its in­
terest in the safety and welfare o f its people is seriously jeopardized,
when there is no punishment for intercourse with a female who
consents, though not sufficiently developed to know what consent
means. On the other hand, fornication has never been considered
nearly so serious an offense as rape, and great injustice can be done
by inflicting severe punishment in cases in which the female con­
sents and is in fact physically mature though below the age recog­
nized by the law as that of physical maturity. The line must be
drawn somewhere between these two extremes. It seems reason­
ably clear that even where climatic conditions cause the earlier
maturity o f women, a female 12 or 14 years o f age is not sufficiently
developed to be capable o f protecting herself against a seducer.
Whether the age limit should be .16 or 18 years is, however, a ques­
tion upon which there are differences o f opinion.
It is an important qualification of the laws of the various States
and Territories that sexual intercourse in the marital relation is
1 In e ffe ct Jan . 1, 1925.


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2

LAWS RELATING TO SEX OFFENSES AGAINST CHILDREN

not an offense even though the female is below the age limit fixed
by the statute. In most States the age at which a female can con­
tract marriage is lower than the age limjt in statutory rape. It
is to be noted in this connection that many statutes use the word
“ unlawful ” to describe the intercourse which is made an offense, and
courts construe this word to exclude intercourse between man and
wife.
Some jurisdictions provide for a lower age limit when the female
was not of chaste character before the intercourse. At common law,
in a prosecution for rape want of chastity on the part of the female
was no defense in itself but could be introduced as tending to show
consent. It is of the essence o f statutory rape that want of consent
is immaterial. But it is significant that the provisions of the laws
on statutory rape fixing a lower age limit when the female has not
been previously ehaste are generally to be found in States which have
adopted a high age limit in other cases. Lack of knowledge of the
female’s age on the part of the male is not in itself a defense, but
it is the theory of the legal provisions that there should be a dif­
ference, in law, between intercourse with a female who may to all
appearances be beyond the age limit and who has not been of pre­
vious chaste character, and intercourse with any chaste female below
the age limit.
At common law a male under the age o f 14 was conclusively
presumed to be incapable of committing rape. Capacity of this sort
is obviously a question of fact, and most of the jurisdictions in this
country have enacted provisions merely shifting the burden o f proof
when the male is below a certain age. Some States, however, pro­
vide that the male must be of a certain age in order to be punished
for the offense, regardless of his ability to commit it. There is no
reason why offenses of a sexual nature by boys should be treated
differently by the State than other offenses committed by boys.
Juvenile-court laws should apply to young offenders in all cases
alike. In sexual cases the gravity of the offense may create a public
sentiment against a juvenile offender which is not present in other
instances; but the causes which produce other forms of juvenile de­
linquency operate in these cases as well, and it would seem clear that
a boy who commits a sexual offense should be treated by a properly
organized and administered juvenile court rather than dealt with as
an adult criminal or allowed to continue his course unpunished.
The various legal provisions as to punishment for statutory rape
or offenses o f a similar nature arfe particularly important. The
severity o f the punishment, under fhese provisions, depends in a
great measure upon the age o f the female and also upon the age
o f the male. It is to be hoped that the example of the few States
which provide for punishment o f youthful offenders in corrective
institutions rather than in the penitentiary will be followed and that
the juvenile court with its ancillary institutions will come to play a
larger part in the punishment and prevention o f offenses of this
nature.
/
In two States it has been made an offense to publish the name or
identity o f females who have been rapedi or upon whom an attempt
to commit rape has been made. It would ^eem a logical extension o f
the principle underlying the laws dealing with statutory rape to

I


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LAW S RELATING TO SEX OFFENSES AGAINST CHILDREN

3

provide against the publication of the names or identity o f females
upon whom offenses o f this nature have been committed.
In the abstract o f the laws which follows an attempt has been
made to give the substance o f the various provisions rather than to
classify the laws with respect to the names of the offenses or to the
forms which the laws have taken. The highest age o f a female at
which it is made an offense to have intercourse with her, either with
or without her consent, has been given, whereas the statute may ac­
tually provide for a certain age limit and then set forth certain
exceptions which apply even when the female is over that limit.
25134°—25----- 2


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ABSTRACT OF LAWS
AGES FIXED BY L A W

The laws o f all the States and Territories make it an offense for a
male to have intercourse with a female who is under a specified age,
with or without her consent. The various ages specified in these laws
are as follows:
12 years:
Alabama.*
Hawaii.*
14 years:
Georgia.
Porto Rico.
16 years:
Arkansas.
Connecticut.
District of Columbia.
Illinois.
Indiana.
Iowa.4
Maine.
M a r y la n d .

Massachusetts.
Michigan.
New Hampshire.
New Jersey.
New Mexico.
North Carolina.
Ohio.
Pennsylvania.
South Carolina.4
Vermont.
Virginia.
West Virginia.

18 years:
Arizona.
California.
Colorado.
Delaware.
Florida.
Idaho.
Kansas.
Kentucky.
Louisiana.
Minnesota.
Mississippi.
Missouri.
Montana.
Nebraska.
Nevada.
New York.
North Dakota.
Oklahoma.
Oregon.5
Rhode Island.*
South Dakota.
Texas.
Utah.
Washington.
Wisconsin.
Wyoming.
21 years :
Tennessee.

In some States and Territories there are lower age limits, as fo l­
lows, for females who have not been o f chaste character before the
offense:
10 years:
Florida.
12 years:
Mississippi.
North Carolina.
Tennessee.
15 years:
Texas.

16

years :
Missouri.
Nebraska.
Oklahoma.
Oregon.
Rhode Island.

AGE OF M ALE A DEFENSE

In some States and Territories the age of the male, either ofJtself
or when taken with the age of the female or the fact that she con3 In te rp re te d as 16 in a n a ly tica l in d ex , p. 14.
See t e x t o f la w , p. 20.
* In terp reted as 15 in a n a ly tica l in d ex , p. 14.
See te x t o f la w , p. 30.
-,
4 T h e a ge is 17 i f th e a ccu sed is o v e r 25. S ee a n a ly tica l in d e x and t e x t o f la w , pp. 14
an®^The O regon and R h o d e Isla n d la w s h a v e a lso been in te rp re te d as p la c in g the a ce o f
co n se n t a t 16 an d g iv in g “ fu r th e r p ro te ctio n ” to ch a ste g irls u n d er 18. See a n a ly tica l
in d ex a n d t e x t o f la w s, pp. 14, 58, an d 61.

4

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LAWS RELATING TO SEX OFFENSES AGAINST CHILDREN

5

sented, may be a defense. No conviction may be had in the follow -.
ing States and Territories when the male is under the age specified.®
14 years:
Arizona.
California.
Florida.
Idaho.
Minnesota.
New Mexico.
New York.
North Dakota.
Oklahoma.
South Dakota.
Texas.
Utah.
Porto Rico.

16 years:
Illinois.
Montana.
Nevada.
New Jersey.
Oregon.
Pennsylvania.
West Virginia.
17 years:
Louisiana.

In Alabama the law does not apply when the male is under 16
and the female over 12 years o f age. There can be no conviction in
Ohio when the male is under 18 and the female is under 16 and con­
sents. In Vermont the punishment is mitigated if the male and fe­
male are both under 16 and the female consents.
PUNISHMENT OF FEMALE

In the following jurisdictions, under certain circumstances, the
female can be punished:
Colorado-------------------- Where the male is under 18 and the intercourse is had
at the solicitation o f the female or where the female
is a prostitute and where the male was prior to the
offense o f good moral character.
Kentucky----------------- Where the male is under 18.
Indiana------------------------ 'Where the male is under 16.
North Carolina-------------- Where the male is under 16.
Vermont--------------------- Where male and female are both under 16 and female
consents.
Washington---------------- Where the male is under 18.
CAPITAL PUNISHMENT

The jurisdictions in which capital punishment may be imposed
and the circumstances under which it may be imposed are as follow s:
Alabama---------------------Carnal knowledge of any female under 12 or abuse of
such female in the attempt to have carnal knowledge
of her. Alternative of imprisonment in discretion
of jury.
Arkansas-------------------- Rape of any female. Penalty for carnal knowledge of
female under 16 is imprisonment.
Delaware-------------------- Carnal knowledge of female under 7. Alternative of
life imprisonment in discretion o f judge on recom­
mendation of mercy by jury.
District of Columbia— Carnal knowledge or abuse o f female under 16. Alter­
native of imprisonment in discretion of jury.
Florida----------------------- Carnal knowledge or any abuse of female under 10.
Alternative o f life imprisonment.
Georgia— ------------------ Intercourse with female under 14. Alternative of im­
prisonment if defendant is recommended to mercy by
jury.
8 E x ce p t in cases in w h ich the p h y sica l a b ility to a cco m p lis h p e n e tra tio n is p ro v e d
b eyon d a rea son a b le d ou b t. In F lo r id a th e c a p a c ity o f th e m ale t o co m m it th e offen se
is t o be d eterm in ed b y th e ju r y .


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6

LAWS RELATING TO SEX OFFENSES AGAINST CHILDREN

Hawaii----------—--------- Carnal knowledge or abuse of female under 12. Al­
ternative o f life imprisonment in discretion of judge.
Kentucky--------------------Intercourse with child under 12. Alternative of life
imprisonment in discretion o f jury.
Louisiana------------------- Rape. Carnal knowledge o f female between 12 and 18
with her consent is punishable by imprisonment.
Maryland--------------------Intercourse with female under 14. Alternative of im­
prisonment in discretion of judge.
Mississippi------------------Intercourse with female under 12. Alternative o f life
imprisonment in discretion o f jury.
Missouri--------------------- Intercourse With female under 16. Alternative o f im­
prisonment in discretion of jury.
Nevada— ------------------- Intercourse by person over 16 with female under 18.
Alternative of imprisonment in discretion of jury.
North Carolina------------Intercourse with female o f 12 or more by force or any
intercourse with female under 12.
Oklahoma------------------- Intercourse by male over 18'w ith female under 14.
Alternative o f imprisonment in discretion of jury.
South Carolina---------- Intercourse with female under 10 or between 10 and 14.
Alternative of imprisonment in discretion of jury..
Tennessee------------------- Intercourse or attempt to have intercourse with female
under 12. Alternative o f imprisonment in discre­
tion of jury.
Texas------------------------- Intercourse with female under 18, provided, if she be
15 or over, that she was previously chaste, y Alter­
native o f imprisonment in discretion o f jury.
Virginia______________ Intercourse with female under 16, provided, if she
be over 14, that she does not consent. Alternative
of imprisonment in discretion o f court or jury.
West Virginia------------- Intercourse by male over 16 with female under 16.
Alternative o f imprisonment in discretion of jury.
IM PR ISO N M E N T

The jurisdictions in which punishment may be imprisonment and
the circumstances in which this punishment may be inflicted are as
follow s:
Penalty
State or Territory

Provisions
M inim um

Maximum

2 years.........
Life___

Colorado____________

3 years-__ .

1 year________

Connecticut_________


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Life

A n y person who has carnal knowledge of any
girl under 12 or abuses such girl in the attempt
to have carnal knowledge of her. Alternative
of death penalty in discretion of jury.
Intercourse with or abuse of female between 12
and 16 b y male of 16 or over.
Intercourse with female under 18.
Intercourse with female under 16. Rape of any
female is punishable b y death.
Intercourse with . female under 18. Jury can
determine whether imprisonment shall be in
State penitentiary or in county jail.
Intercourse with female under 18 b y male over 18.
Where male was under 20 at time of offense or
where he had previously borne a good reputa­
tion court m ay commute punishment to term
in State reformatory.
Where female induced male under 18 to engage
in sexual intercourse or where female was a
prostitute and male of good moral character.
Alternative of fine, commitment to State
industrial school, or fine and imprisonment.
Carnal abuse of female under 16. Alternative of
fine.

LAW S RELATING TO SEX OFFENSES AGAINST CHILDREN

7

Penalty
State or Territory

Provisions
M inim um
Life ____

District of C olu m bia..
Florida

____

H awaii.

____

_ .

....

Life........ ..........

A n y number
of years.

Idaho. _ ___ _ ___
Illinois. . . . .

Indiana

5 years____ __

.

Iow a________________

A n y term erf
years.

Maximum

Carnal knowledge of female under 7. Alternative
of death penalty. Assault with intent to ravish. Additional pun­
ishments of fine and whipping.
7 years. . . .
Using male or female under 18 for sexual purposes.
Alternative of fine or both fine and imprison­
ment in discretion of the court.
Carnal knowledge or abuse of female under 16.
Alternative of death penalty.
Carnal knowledge or abuse of female under 10.
Alternative of death penalty.
10 years. ___ Intercourse with unmarried female under 18, of
previously chaste character. Alternative of
fine.
Intercourse with female under 14. Alternative of
death penalty if defendant is not recommended
to m ercy b y jury.
Assault with intent to ravish any female.
A n y carnal knowledge or abuse of female under
12. Alternative of death penalty in discretion
of judge.
A ct of sexual intercourse with female under 15.
L ife................ . Rape of any female. Alternative of fine.
Assault with intent to ravish female under 12.
Alternative of fine or both fine and imprison­
ment.
Carnal knowledge of female under 18.
Carnal knowledge of female under 16 b y male of
17 or over or b y male of 16 or over if without her
consent.
Intercourse with female under 12.
Intercourse with male or female under 16.
Assault with intent to ravish female under 12.
Additional penalty of fine.
Intercourse b y person under 25 with female under
16.
Intercourse b y person over 25 w ith female under

17.
Kansas____________
Kentucky i__________
20 years___ . . .

Louisiana.

. .

Intercourse with female under 18.
Intercourse with child under 12. Alternative of
death penalty, in discretion of jury.
Intercourse with female under 12, with her con­
sent; intercourse with male under 12. Alter­
native of death penalty, in discretion of jury.
Attem pt to have carnal knowledge of female
under 12.
Intercourse with female 12 to 16 with her con­
sent; intercourse with male 12 to 16.
Intercourse with female 16 to 18 with her consent;
intercourse with male 16 to 18.
Intercourse b y male over 17 with female be­
tween 12 and 18 with her consent. Rape is
punishable b y death.

i These penalties do not apply where the person convicted is a male between 17 and 21 or a female be­
tween 18 and 21. See p. 37.


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8

LAWS RELATING TO SEX OFFENSES AGAINST CHILDREN

Penalty
Provisions

State or Territory
M inim um

M aine.

Maximum

A n y term of years.

Maryland.

Massachusetts.

A n y term
years.
A n y term
years
penite
tiary.

of
of
in
n-

M innesota.

Any p e r i o d
court may
direct.
Life...................

Mississippi.

Life__________

M ichigan.

6 m onths
(county
jail).

Missouri.

Shorter time
to be fixed
b y jury.
2 years_______

Intercourse with female under 14.
Assault with intent to com m it rape on female
under 14.
10 years______ Assault with intent to rape female 14 or more.
Alternative of fine.
2 years___ . . . . Intercourse with female between 14 and 16 b y
male over 18. Alternative of fine.
Intercourse with female under 14. Alternative
of death penalty, in discretion of court.
10 years____ _ Assault with intent to have intercourse with
female under 14.
Assault with intent to commit rape. Alterna­
tive of death penalty, in discretion of court.
2 years_______ Intercourse with female between 14 and 16 b y
male over 18. Alternative of fine or both fine
and imprisonment.
Life................... Intercourse with female under 16.
Life, in penitentiary«
214 y e a r s
in c o u n t y
jail.
L i f e _________

Intercourse with female under 16.

Intercourse with female under 10.
Intercourse with female between 10 and 14.
7 years
.
Intercourse with female between 14 and 18.
Intercourse with female under 12. Alternative
of death penalty, in discretion of jury.
5 years (peni- Intercourse with unmarried female of previously
tentiary). ■
chaste character, younger than male, when
female is between 12 and 18. Alternative of
fine or both fine and imprisonment if imprison»
ment is in county jail.
Life................... Assault with intent to rape.

1 to 6 months
in c o u n t y
jail.

2 years in penitentiary.

M ontana..
Nebraska.

2 years.
3 years.

99 years.
20 years.

N evada.

5 years.

Life.

N ew Hampshire.
New Jersey..____

Assault with intent to commit rape. If im ­
prisonment is in county jail, additional penalty
of fine.

30 years.
30 years.

15 years.

12 years.

Intercourse with female under 16. Alternative
of death penalty in discretion of jury.
Intercourse b y any person over 16 with un­
married female of previously chaste character
between 16 and 18. Alternative of fine or both
fine and imprisonment if imprisonment in
county jail.
Intercourse with female under 18.
Intercourse b y male 18 or over with female be­
tween 15 and 18 and previously chaste.
Intercourse b y person 16 or over with female
under 18. Alternative of death penalty in dis­
cretion of jury.
Intercourse with female under 16.
Intercourse b y person 16 or over with female
under 12. Alternative of fine or both fine and
imprisonment.
Intercourse b y person 16 or over with female be­
tween 12 and 16. Alternative of fine or both
fine and imprisonment.
Assault with intent to have carnal knowledge of
female under 16. Alternative of fine or both
S im and ImpHmnnMi^t


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LAWS RELATING TO SEX OFFENSES AGAINST CHILDREN

9

Penalty
State or Territory

Provisions
M inim um

New M exico.

Maximum

Life—
1 year.

New Y ork____ _
North Carolina.

99 years.
10 years.
In discretion of court___

N orth Dakota.

1 year.
1 year.

15 years.

1 year.

Ohio.

Life.
6 months in
county jail
or w o r k house.
6 months in
county jail

or w o r k Oklahoma.

Oregon.

15 years in
p en iten tia ­
ry.

house.
15 years______
1 year.

15 years.

1 year.

15 years.

3 years.

20 years.

1 month in
county jail.

5 years in pen­
itentiary.
15 y e a r s .......

Pennsylvania-

Porto R i c o ...
R hode Island.

20 years in
p en iten tia ­
ry.

5 years.
15 years.

10 years.
5 years..
South Carolina.

5 years.

40 years.
14 years.

5 years.
1 year..

South D akota.

10 years.
20 years.


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Intercourse with female under 10.
Intercourse with female between 10 and 16.
Intercourse with female under 18.
Intercourse with female previously chaste over 12
and under 16, or with male under 16. Alterna­
tive of fine.
Assault with intent to com m it rape.
Intercourse b y person 24 or over with female
under 18.
Intercourse b y person between 20 and 24 with
female under 18. Alternative where defendant
is a minor, commitment to State reform school.
Intercourse with female person under 12, forcibly
and against her will.
Intercourse b y person 18 or over with female
under 16.

Attem pt of person 18 or over to have intercourse
with female under 16.

Intercourse b y male over 18 with female under 14.
Alternative of death.
Intercourse b y male under 18 with female under
14.
Intercourse with female between 14 and 16 or with
previously chaste female between 16 and 18.
Male under 18 can not be convicted of rape of
female over 14 if female consents.
Intercourse b y person over 16 with female under
16.
Intercourse b y male over 18 with female between
16 and 18, when female was of previously chaste
character. Alternative of fine.
Intercourse b y person 16 or over with female
under 16. Alternative of fine and imprison­
ment.
Intercourse with female under 14.
Intercourse with female under 16. Rape is
punishable b y imprisonment for life or for not
less than 10 years.
A ttem pt to have intercourse with female under
16.
Intercourse b y person over 18 with girl under 18
when girl was not of known immoral character.
Intercourse with female under 10. T he penalty
is death unless jury recommends mercy.
Intercourse with woman or child between 10 and
14. The penalty is death unless jury recom­
mends mercy.
Intercourse with wom an or child between 14 and
16.
Intercourse b y male under 18 with previously
unchaste female between 14 and 16. Alterna­
tive of fine.
Intercourse with female under 10.
Intercourse with female between 10 and 18.

10

LAW S RELATING TO SEX OFFENSES AGAINST CHILDREN

Penalty
State or Territory

Provisions
M inim um

Tennessee.

Texas.

U tah____
Verm ont.

Virginia.

W ashington.

West Virginia.

W isconsin.

W yom ing.

Maximum

Intercourse or attempt to have intercourse with
female under 12. Alternative of death penalty.
Intercourse with female between 12 and 21 when
female was not previously a prostitute.
L ife.................. Intercourse with female under 18, provided if she
was 15 or over, that she was previously chaste.
Alternative of death penalty.
Intercourse with female under 13.
5 years_______ Intercourse with female between 13 and 18.
Intercourse with female under 16 by male over 16
or b y one under 16 if without female’s consent.
Alternative of fine or both fine and imprison­
ment.
Life
Intercourse with female under 16. Alternative
of death penalty.
Intercourse with female between 14 and 16 who
consents to carnal knowledge.
Intercourse with male or female under 10.
Life...................
Intercourse with male or female between 10 and
15.
1
year
in 10 years in Intercourse with male or female between 15
and 18.
penitentiary.
county jail.
Intercourse b y male over 16 with female under 16.
Life imprisonment is alternative of death pen­
(Life...................
alty in discretion of jury. Upon recommenda­
tion of jury to mercy, imprisonment m ay be 5
to 20 years.
Intercourse b y male over 18 with female under 18.
Alternative of fine.
Intercourse b y male 18 or under with female un­
der 18. Alternative of fine.
L ife.................. Intercourse with female under 18.
Attem pt to have intercourse with female un­
der 18.

PUNISHMENT B Y FINE

The jurisdictions in which punishment may be by fine and the cir­
cumstances under which this punishment may be given are as follow s:
Penalty
Provisions

State or Territory
M inim um

Colorado.

$200

Florida..........


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$1,000

1,000

Connecticut.

Delaware___

Maximum

200

500
2,000

Punishment for female where female induces male
under 18 to engage in sexual intercourse or
where female was a prostitute and male was of
good moral character. Alternative of impris­
onment, commitment to State industrial school,
or imprisonment and fine.
Intercourse of male under 18 with female under
18. Punishment for male.
Carnal knowledge and abuse of female under 16.
Alternative of imprisonment or both fine and
imprisonment.
Assault with intent to ravish. Additional pun­
ishment of imprisonment and whipping.
Intercourse with unmarried female of previously
chaste character between 10 and 18. Alterna­
tive of imprisonment.

LAWS RELATING TO SEX OFFENSES AGAINST CHILDREN

11

Penalty
State ot Territory

Provisions
M inim um

Maximum

H awaii.

$1,000

Indiana

1,000

1,000
Kentucky

500

Maine.

500
500
500

Maryland.

1,000

Massachusetts.

Mississippi.

500

$100

Missouri.

New Jersey.

500

3.000

5.000

2,000

North Carolina.

In discretion of court

Oregon________

$50

500

Pennsylvania..

1,000

South Carolina.

500

Verm ont.......... .

2,000

Wisconsin.

200
200

25134°—25----- 3

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Assault with intent to ravish female under 12.
Alternative of imprisonment or both fine and
imprisonment.
Carnal knowledge of male or female between 12
and 16. Additional penalty of imprisonment.
Assault with intent to ravish any female. Addi­
tional penalty of imprisonment.
Carnal knowledge b y male between 17 and 21
with female under 18 or b y female between 18
and 21 with male under 18, under circumstances
not constituting rape.
Assault with intent to rape female 14 or over.
Alternative of imprisonment.
Intercourse with female between 14 and 16 b y
male over 18. Alternative of imprisonment.
Intercourse with female between 14 and 16 by
male over 18. Alternative of commitment to
house of correction, or both fine and com m it­
ment, in discretion of court.
Assault with intent to commit rape-. Additional
penalty of imprisonment in county jail for not
more than 2}^ years. Alternative of imprison?
ment for life or any term of years.
Intercourse with unmarried female between 12
and 18 of previously chaste character and
younger than male. Alternative of imprison­
ment in penitentiary or county jail. T o im­
prisonment in county jail fine m ay be added.
Intercourse b y person over 16 with unmarried
female of previously chaste character between
16 and 18. Alternative of imprisonment or
both imprisonment and fine.
Assault with intent to rape female under 16.
Alternative of imprisonment or both imprison­
ment and fine.
Intercourse b y person 16 or over with female
under 12. Alternative of imprisonment or
both imprisonment and fine.
Intercourse b y person 16 or over with female
between 12 and 16. Alternative of imprison­
ment or both imprisonment and fine.
Intercourse with female, previously chaste, over
12 and under 16. Alternative of imprisonment.
Intercourse with male under 16. Alternative of
imprisonment.
Intercourse b y male over 18 with female between
16 and 18, when female was of previously chaste
character. Alternative of imprisonment.
Intercourse b y person 16 or over with female
under 16. Additional penalty of imprison­
ment. Alternative of imprisonment.
Intercourse b y male under 18 with female, pre­
viously unchaste, over 14 and under 16. Alter­
native of imprisonment.
Intercourse with female under 16 b y male over
16 or b y one under 16 if without female’s con­
sent. Alternative of imprisonment or both
imprisonment and fine.
Intercourse b y male over 18 with female under 18.
Alternative of imprisonment.
Intercourse b y male 18 or under with female
under 18. Alternative of imprisonment.

12

LAWS RELATING TO SEX OFFENSES AGAINST CHILDREN
CONFINEMENT IN CORRECTIONAL INSTITUTIONS

The jurisdictions in which punishment may be confinement in the
State reformatory or other correctional institutions are as follows :
Penalty
State or Terri­
tory

Mini­
mum

Institution

State reform atory..

Colorado.

State industrial school for
boys or State industrial
school for girls.

2 years.. House of correction.

M aryland.

North D akota.

1 year.

State reform school.

1 y e a r... 3 years.

State reform school.......

Verm ont.


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Provisions

M axi­
mum

State industrial school.

Where person convicted was under 20
or had previously borne a good repu­
tation. Alternative of sentence to
State penitentiary, in discretion of
judge.
Where both male and female were
under 18 or where female induced
intercourse and male was under 18
or of previous good character. Alter­
native punishments of fine or im­
prisonment, or both, in discretion of
judge.
Intercourse with female between 14 and
16 b y male over 18. Alternative of
fine or both fine and imprisonment,
in discretion of court.
Intercourse b y person between 20 and
21 with female under 18. Alternative
of imprisonment in State peniten­
tiary.
Intercourse b y person under 20 with
female under 18.
Intercourse b y male under 16 with
female under 16, with her consent.
Both subject to penalty.

ANALYTICAL INDEX AND TEXT OF LAWS RELATING TO
SEX OFFENSES AGAINST CHILDREN
By Lm.tr L.

E ckm an

INTRODUCTION

In making this compilation of laws concerning sex offenses against
children the aim has been to limit it to such provisions as are ob­
viously intended to protect the minor child from wrongs of this
nature. With this object in view all provisions have been excluded
in which minority does not enter into the definition of the offense
or is not taken into account in fixing the penalty— even those ap­
plying to offenses o f which a minor child may be, and perhaps fre­
quently is, the victim.
The Federal law regarding offenses within the admiralty and
maritime and the territorial jurisdiction o f the United States, the
white-slave traffic, and provisions from the immigration laws re­
garding the importation o f aliens for immoral purposes, are in­
cluded. State laws o f this type are not given, but references to
them are made in the notes following each State section.
The material for each State and other political unit is grouped
under three main subdivisions as follow s: “ Carnal knowledge or
abuse—age of consent,” “ abduction—seduction—prostitution,” and
“ indecent, lewd, or lascivious conduct with child.” Following is an
analytical index showing the offenses against which children are af­
forded protection in the various States, the age to which special pro­
tection is extended, and the protection afforded minor boys as well
as minor girls.
* 13


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ANALYTICAL INDEX OF STATE LAWS
A. GIRLS— SPECIAL PROVISIONS FOR THEIR PROTECTION.
1. C a r n a l K nowledge

or

A buse ; A ge

of

C o n sen t .

а. Ages under which special protection is afforded:
14 years:
Georgia, Porto Rico.
15 years:
Hawaii.1®
16 years:
Alabama,1® Arkansas, Connecticut, District of Columbia,
Illinois, Indiana,1® Maine,1® Maryland,1® Massachu­
setts,1 Michigan, New Hampshire, New Jersey,1® New
Mexico,16 North Carolina,36 Ohio,1® Oregon,3 Pennsyl­
vania, Rhode Island,2 South Carolina,16 Vermont,
Virginia, West Virginia, and territory under the ex­
clusive jurisdiction o f the Federal Government of the
United States.
17 years:
Iowa (if accused is over 25; otherwise the age is 16).
18 years:
Arizona, California, Colorado, Delaware,1“ Florida,3“
Idaho, Kansas. Kentucky,1® Louisiana.36 Minnesota.16
Mississippi,36 Missouri,3d Montana, Nebraska,3<i Ne­
vada, New York, North Dakota, Oklahoma,3<i South
Dakota,16 Texas,3® Utah,ld Washington,16 Wisconsin,
Wyoming.
21 years:
Tennessee.
б. Publication of name of raped female forbidden:
Florida, Georgia.
c. Private hearings when complaining witness is under 17 years
of a g e:
Massachusetts.
2. I ndecent , L ew d , or L a scivio u s C onduct w it h F em ale C h il d (n o t
constituting the more serious offense of carnal knowledge or
attempt to have carnal knowledge)— Ages under which special
protection is afforded against these offenses.
12 years:
• Hawaii.
13 years:
Mississippi.
14 years:
Arizona,4 California,4 Michigan, Minnesota, Ohio, Porto
Rico.4
XA m ore severe p e n a lty m ay be im p osed w h en the v ic tim i s :
а. U n d er 7 : D ela w a re.
б. “ U nder 1 0 : M in n esota (p e n a lty v a rie s w h en v ic tim is u n d er 10, b etw een 10 and
14, b etw een 14 a n d 1 8 ) , N ew M e x ico , S ou th C a ro lin a (o r betw een
10 a n d 1 4 ), S ou th D a k ota , W a sh in g to n (p e n a lty v a rie s when
v ic tim is un d er 10, b etw een 10 an d 15, b etw een 15 and 1 8) .
e. U n d er 1 2 : A la b a m a , H a w a ii, In d ia n a , K e n tu ck y (p e n a lty va rie s w hen v ictim is
un d er 12, b etw een 12 a n d 16 o r b etw een 16 an d 1 8 ), N ew Jersey,
O h io (w it h o u t c o n s e n t ).
d. U n d er 13 : U tah.
e. U nder 1 4 : M a in e, M a ry lan d .
2 C h a ste g ir ls a re giv en fu r th e r p r o te c tio n b etw een th e a ges o f 16 an d 18 in M a ssa ch u ­
setts, O regon, a n d R h od e Isla n d .
8 I f p r e v io u sly ch aste, o th e rw is e th e a ge is low ered as f o l l o w s :
а. 1 0 y ea rs— F lo rid a .
б. 12 y ea rs— L o u is ia n a (b etw een 12 an d 18 i f u n m a r r ie d ), M ississip p i, N o rth '
C a rolin a , T enn essee.
c. 15 yea rs— T exa s.
d. 16 y ea rs— M issou ri, N ebraska, O kla h om a .
* C h ild' o f eith e r sex.

14

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LAW S RELATING TO SEX OFFENSES AGAINST CHILDREN

15

A. GIRLS— SPECIAL PROVISIONS FOR THEIR PROTECTION— Continued.
2. I ndecent , L ew d , or L asc iv io u s C onduct — Continued.
15 years:
Illinois.4
16 years:
Colorado,4 Delaware, Iowa,4 Louisiana,4 Maine,4 Montana,4
Wisconsin.
18 years:
Washington.
21 years-:
Indiana,4 Wyoming.4
Minor ch ild ; age not specified:
North Dakota,4 Wisconsin.4
3. A bduction ; S eduction ; P ro stitu tio n —Ages under which special pro­
tection is afforded against these offenses.
12 years:
Abducting for immoral purposes—
Hawaii (also any female), Illinois.
14 years:
Abducting for immoral purposes—
Alabama, Kentucky, Mississippi, New Mexico, Texas,
West Virginia.
15 years:
Abducting for immoral purposes—
Arkansas, Oklahoma, South Dakota (for purpose of mar­
riage).
16 years:
Abducting for immoral purposes—
District of Columbia, Michigan, Oregon, Pennsylvania,
South Carolina, Virginia.
Admitting to or harboring in house of prostitution—
Kentucky, Maine, Ohio (note), Pennsylvania.
Employing in or about house of ill fame—
Wyoming (note).
Enticing to prostitution or illicit intercourse—
Pennsylvania.
Permitting to enter or remain in house o f prostitution, pen­
alty for parent or other custodian (notes)—•
New York, North Carolina, Pennsylvania.
Procuring for immoral purposes—
Florida.
Seduction—
Colorado.
17 years:
Admitting to or harboring in house of prostitution—
Michigan.
Employing in or sending as messenger to house of prostitu­
tion— Texas (note).
Taking to or permitting to remain in house o f prostitution—
Texas (note).
18 years:
Abducting for immoral purposes—
Arizona, California, Idaho, Kansas, Maryland, Minnesota,
Missouri, New Hampshire, New Jersey, New York,
North Dakota, Ohio, South Dakota, Utah, Washington,
Wiscom jn.
Admitting to or harboring in house of prostitution—
Delaware, Illinois, Iowa, Louisiana, Michigan (17 or
under), Missouri, Nebraska, New York, North Carolina,
Ohio.
Bringing into State or transporting for immoral purposes—
Illinois, Oregon.
Employing in house of prostitution—
Delaware (note).
4 Child of either sex.


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16

LAWS RELATING TO SEX OFFENSES AGAINST CHILDREN

A. GIRLS— SPECIAL PROVISION FOR THEIR PROTECTION— Continued.
3. A bduction ; S eduction ; P rostitu tion — Continued.
18 years—Continued.
Enticing or inducing to illicit intercourse or prostitution—
Arkansas, California, Colorado (enticing to house of
prostitution), District of Columbia, Idaho, Indiana (en­
ticing to house of prostitution), Iowa, Kansas, Massa­
chusetts, Nebraska, Ohio, Oregon, Rhode Island, South
Dakota, and territory under the exclusive jurisdiction
of the Federal Government.
Permitting to be used for immoral purposes—
Hawaii, Kansas, Minnesota, Nevada, New Jersey, New
York, Washington.
Permitting in house of prostitution, penalty for parent, guard­
ian, or other custodian (child of either sex)—
South Carolina (note).
Procuring for immoral purposes—
Indiana, Kansas, New Jersey, New York, Ohio, Rhode
Island, Wyoming.
Seduction—
Arizona (under promise of marriage), Illinois, Kansas
(by guardian), Michigan (by guardian.), Missouri (by
guardian), New Mexico (by teacher), Ohio (under
promise of marriage), Rhode Island.
Sending as messenger to house of prostitution (notes)—
California, Minnesota, Nevada, Washington.
Sending or causing to be sent to house of prostitution—
Iowa (note).
Unlawful intercourse under circumstances not constituting
rape—
Oregon (chaste girl between 16 and 18).
20 years:
Enticing to house of prostitution—
New Mexico.
Enticing to improper places—
Colorado.
Seduction (under promise of marriage)—
North Dakota.
21 years:
Admitting to or harboring in house of prostitution—
Washington (notes), Wisconsin, Wyoming (notes).
Enticing to illicit intercourse or prostitution—
Kentucky, Nevada (to house of prostitution), Porto Rico
Permitting to be used for immoral purposes—
Alabama, Connecticut.
Seduction—
District of Columbia (seduction by teacher, also of
chaste female), Indiana (under promise of marriage),
Kansas (under promise of marriage), Kentucky (under
promise of marriage), Missouri (under promise of mar­
riage), New Mexico (under promise of marriage),
Pennsylvania (under promise of marriage), Wyoming
(under promise of marriage).
Sending to place of objectionable character—
Utah (in cities of first or second class, note).
Minor female:
Abduction—
Connecticut, New Mexico.
Admitting to house of prostitution (either sex) —
California, Idaho (or employing in such place, note),
Montana, Oregon, Porto Rico, Wash ngton (note).
Disposing of, taking, receiving, or employing for purposes of
prostitution (either sex) —
Delaware, Indiana, Pennsylvania.
Employing in house of prostitution—
Delaware (note).


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LAWS RELATING TO SEX OFFENSES AGAINST CHILDREN

17

A. GIRLS— SPECIAL PROVISIONS FOR THEIR PROTECTION— Continued.
3. A bduction ; S eduction ; P rostitu tion — Continued.
Minor female— Continued.
Enticing to prostitution—
Distr ct of Columbia, Oregon (to house of prostitution).
Permitting to remain in house o f prostitution—
Michigan (student).
Seduction—•
Connecticut, North Dakota (by guardian).
25 years:
Enticing to prostitution—
South Dakota.
Seduction—
Texas (under promise o f marriage).
Age not specified:
Abducting or taking for purposes of prostitution—
California (note), Illinois, Massachusetts (note).
Enticing t~ prostitution (notes) —
Alabama, Arizona, Connecticut, District of Columbia,
Florida, Kansas, Louisiana, Missouri.
*
Procuring for prostitution or immoral purposes (notes) —
Arizona, California, Colorado, Hawaii, Indiana, Kansas,
Kentucky, Maine, Massachusetts, Michigan, Minnesota,
Missouri, Montana, Nebraska, Nevada, New Hamp­
shire, New Jersey, North Carolina, West Virginia.
Seduction—
Arizona (by teacher), Ohio (by teacher), North Dakota
(by person charged with care of dependent female).
Soliciting for purpose of prostitution (notes) —
Colorado, Hawaii, Illinois, Louisiana, Maryland, Nevada,
New Hampshire, North Carolina.
Transporting for purposes of prostitution (notes) —
Arizona, Illinois, Kentucky, Lou siana, Maine, Maryland,
Michigan, Minnesota, Missouri, Montana, Nevada, New
Jersey, New York, North Carolina.

4. T raffic

%

in

G irls

for

I m m o ral P urposes .

Federal laws (text of laws) :
Carnal knowledge of female under 16 years of age, offenses
committed within the admiralty and maritime and terri­
torial jurisdiction of the United States, p. 72.
Importation o f aliens for immoral purposes, p. 74.
Prohibiting the transportation of women and girls for im­
moral purposes (white-slave traffic), p. 72.
State laws:
The texts of State laws regarding the traffic in women and
girls for immoral purposes are included in this compilation
when the provisions apply to< minor g irls; where they are
more general in their application the texts are not given,
the law being cited in notes appended to each State. Pro­
visions of this nature have been noted in Alabama, Ar'zona,
Arkansas, California, Colorado, Connecticut, Delaware,
District of Columbia, Florida, Hawaii, Idaho, Illinois, In­
diana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Mon­
tana, Nebraska, Nevada, New Hampshire, New Jersey, New
York, North Carolina, Ohio, Oklahoma, Oregon, Pennsyl­
vania, Rhode Island, Texas, Utah, Vermont, Virginia, West
Virginia, and Wisconsin.

5. E m pl o y m e n t A gencies F orbidden

to

S end

G irls

to

H ouses

of

P ro stit u t io n .

The texts of State laws forbidding employment agencies to send
girls or other female servants or employees to houses of
prostitution are not included in this compilation, but statutory
references to them are appended in the form of notes following
the law of each State. Provisions of this character have been
noted in Connecticut, District o f Columbia, Illinois, Maine,
Michigan, Nebraska, New Jersey, New York, Pennsylvania, Vir­
ginia, and Wisconsin.

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18
B.

LAW S RELATING TO SEX OFFENSES AGAINST CHILDREN

BOYS— SPECIAL PROVISIONS FOR THEIR PROTECTION—Ages under
which special protection is afforded and offenses specified.
12 years:
Abduction—
Illinois.
14 years:
Indecent, lewd, or lascivious conduct—
Arizona, California, Porto Rico.
15 years:
Indecent, lewd, or lascivious conduct—
Illinois.
Debauching by male or female person—
Michigan.
16 years:
Admitting to or permitting in house of prostitution—
Maine, New York (note), North Carolina (penalty for parent or
other custodian note), Pennsylvania.
Harboring or employing in house of prostitution—
Ohio (note).
Indecent, lewd, or lascivious conduct—
Colorado, Iowa, Louisiana, Maine, Montana.
Unlawful sexual intercourse—
Indiana, North Carolina, Vermont (both parties under 16 and
female consenting).
17 years:
,
Employment in bawdy house forbidden—
Texas (note).
Permitting in or inducing to enter house of prostitution—
Michigan, Texas (note).
Sending as messenger to house of prostitution—
Texas (note).
18 years:
v
Admitting to or permitting in house o f prostitution—
Iowa (note), Minnesota, South Carolina (note).
Employing about assignation house—
Delaware.
Enticing to, soliciting, harboring, or using for unlawful sexual pur­
poses—
.
Colorado (also enticing to house of prostitution), Delaware,
Massachusetts, Minnesota (enticing to house of prostitution
or cohabiting with), Oregon.
Sending as messenger to house of prostitution (notes)
California, Minnesota, Nevada, Washington.
Unlawful sexual intercourse—
Colorado, Florida, Kentucky (penalty is greater if under 1 2 or
between 12 and 16), Washington (penalty is greater if under
10 or between 10 and 15).
21 years:
Admitting to or harboring in house of prostitution—
Nebraska, Washington (note), Wyoming (note).
Debauching or depraving morals—
Nebraska.
Employment about house of prostitution forbidden
Wyoming (note).
_
*
Enticing to house o f prostitution—
Nevada.
Lewd, immoral, or lascivious conduct—
Indiana, Wyoming.
Sending as messenger to house of prostitution
Utah (in cities of first or second class, note).
Minor child (age not specified) :
Admitting to or harboring in house of prostitution—
California, Idaho, Montana, Porto Rico.
Disposing of, taking, receiving, or employing for purposes of pros­
titution—
Delaware, Indiana, Pennsylvania.


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LAWS RELATING TO SEX OFFENSES AGAINST CHILDREN

19

B. BOYS— SPECIAL PROVISIONS FOR THEIR PROTECTION—Continued.
Minor child (age not specified)— Continued.
Employment about house of prostitution forbidden (note)—
Delaware, Idaho.
Enticing to prostitution or to enter house of prostitution—
District of Columbia, Oregon.
Entering or visiting house of prostitution—
Oregon (punishment for the minor).
Lewd, immoral, or lascivious conduct—
North Dakota, Wisconsin.
Permitting in house of prostitution—
Michigan (student).
Sending as messenger to house o f prostitution—
New York, Pennsylvania (note).
Age not specified:
Procuring or soliciting for purposes o f prostitution—
Colorado (note), Kansas (note), North Carolina (note).
Sending as employee or entertainer to house of prostitution (em­
ployment agency)—
Michigan (note), New York (note), Ohio (note).
C. CHILD OF EITHER SEX FOUND LIVING IN OR FREQUENTING
HOUSE OF PROSTITUTION, JURISDICTION OF JUVENILE COURT.
The texts of State laws upon this subject are not included in this
compilation, but references to them are given in notes appended
to the laws of each State. Specific provisions of this character have
been noted in Arizona, Arkansas, Colorado, Delaware, District of
Columbia, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas,
Kentucky, Louisiana, Michigan, Missouri, Montana, Nebraska,
Nevada, New Hampshire, New Mexico, New York, North Carolina,
North Dakota, Ohio. Oklahoma, Oregon, South Dakota, Tennessee,
Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wis­
consin. (Only specific statutory provisions have been noted; in a
number of States not given in this list the juvenile court has juris­
diction under a broad interpretation o f the juvenile court law.)
25134°—25------4


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TEXT OF STATE LAWS
A L AB AM A
C arn a l k n ow led g e o r a b u s e ; a g e o f c o n s e n t :
F em ale ch ild u n d er 12, p en a lty .
G irl b etw een 12 an d 1 6 ; a ccu sed o v e r 1 6 ; p en a lty .
A b d u c t io n ; p ro s titu tio n :
G irl un d er 14, a b d u ctin g f o r im m ora l p u rp oses.
F em ale u n d er 21, p e rm ittin g use fo r p u rp oses o f p r o s titu tio n .
N ote— E n tic in g or u s in g fe m a le s f o r im m ora l p urposes.
C A R N A L K N O W LE D G E OR A B U S E — A G E O F CON SEN T

Female child under 12 years of age, carnal knowledge or abuse; penalty.—
Any person who has carnal knowledge of any girl under twelve years of age,
or abuses such girl in the attempt to have carnal knowledge of her, must, on
conviction, be punished, at the discretion of the jury, either by death or
by imprisonment in the penitentiary for not lessi than ten years. [ Code 1923,
sec. 5410.]
Girl between 12 and 16 years of age, accused over 16; penalty.— Any person
who has carnal knowledge of any girl over twelve and under sixteen years o f
age, or abuses such girl in the attempt to have carnal knowledge of her, must,
on conviction, be punished at the discretion o f the jury, by imprisonment in the
penitentiary for not less than two nor more than ten years. This section,
however, shall not apply to boys under sixteen years of age. [Ib id ., sec.
5411.]
A B D U C T IO N — P R O S T IT U T IO N

Girl under 1\abducting for immoral purposes.— Any person, who takes any
girl under fourteen years o f age from her father, mother, guardian, or other
person having the legal charge of her, for the purpose of prostitution, con­
cubinage, or marriage, must, on conviction, be imprisoned in the penitentiary
for not less than two years. [Ib id ., sec. 3185.]
Female under 21 years of age, penalty for parent or custodian permitting
her to be used for purposes of prostitution.— Any parent, guardian or other
person having the custody or control of any female under the age of twentyone years, who consents to her being used, taken or detained by any person
for the purpose of prostitution or sexual intercourse, shall be fined not more
than one thousand dollars, or sentenced to hard labor for the county for not
more than one year, or both. [Ib id ., sec. 3187.]
N o t e .— E n t ic in g o r u sin g fe m a le s f o r im m ora l p u rp oses.

[I b id ., sec. 3 1 8 6 .]

ARIZONA
C arn a l k n ow led g e o r a b u s e ; a g e o f c o n s e n t :
F em ale u n d er 18.
A ccu s ed u n d er 14, p r o o f req u ired .
E ssen tia l elem en t o f th e crim e.
P e n a lty f o r rape.
A b d u ction ; s ed u ction ; p ro s titu tio n :
F em a le u n d er 18, a b d u ctio n f o r p u rp oses o f p ro s titu tio n .
F em a le pup il, s ed u ction b y tea ch er.
F em ale un d er 18, s ed u ction u n d er p rom ise o f m arriage.
N otes—
C hild un der 18 fo u n d liv in g in h ou se o f p ro s titu tio n , ju r is d ic t io n o f ju v e n ile
cou rt.
W om a n o r g irl, tra ffic in fo r im m ora l p u rp oses.
In d ecen t, lew d , o r la sciv io u s co n d u ct w ith c h i l d :
C hild u n d er 14 (m a le o r fe m a le ) ; p en a lty .
C A R N A L K N O W L E D G E O R A B U S E — A G E O F C O N SE N T

Female under 18 years of age, unlawful carnal intercourse.— Rape is an act
of sexual intercourse accomplished with a female, not the wife of the perpe­
trator, under either of the following circumstances:
(1) Where the female is under the age o f eighteen years. * * *. [Penal
Code 1913, sec. 231.]

20

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21

LAW S RELATING TO SEX OFEENSES AGAINST CHILDREN

Accused unden lh, proof required.—No conviction for rape can be bad against
one who was under the age of fourteen years at the time of the alleged act,
unless his physical ability to accomplish penetration is proved as an inde­
pendent fact and beyond a reasonable doubt. [Ib id ., sec. 232.]
Essential element of the crime.— 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. [Ib id ., see. 233.]
Penalty.—Rape is punishable by confinement in the State prison for life or
for any term of years not less than five. [Ib id ., sec. 234.]
A B D U C T IO N — S E D U C T IO N — P R O S T IT U T IO N

Female under 18, abduction for purposes of prostitution.—Every person who
takes away any female under the age o f eighteen years from her father,
mother, guardian, or other person having the legal charge of her person, with­
out their consent, for the purpose o f prostitution, is punishable by imprison­
ment in the state prison not exceeding five years, and a fine not exceeding
one thousand dollars. [Ib id ., sec. 237.]
Female pupil, seduction by teacher; penalty.—Any person who is superin­
tendent, tutor or teacher in a private or public school, or an instructor of
any female in music or any branch of learning, who has sexual intercourse at
any time or place with any female, with her consent, while under his instruc­
tion or during the time of his engagement as superintendent, tutor, teacher or
instructor, is punishable by imprisonment in the state prison not less than
one year, nor more than ten years. [Ib id ., sec. 238.]
Female under 18, seduction under promise of marriage; penalty.—Any person
who under any promise of marriage shall induce any unmarried female of
previous good repute for chastity, under the age of eighteen years, to permit
him to have sexual intercourse with her, and does have sexual intercourse
with such female, is guilty of seduction, and upon conviction thereof shall
be imprisoned in the state prison for not less than one nor more than five
years, unless the accused shall before trial for the offense have married, or
in good faith offered to marry such female, and such offer has been by her
rejected. [Ib id ., sec. 239.]
Notes.— C h ild u n d er 18 y e a rs o f a g e fo u n d liv in g in h ou se o f p r o s tit u t io n m a y be
fo u n d by th e co u rt h e a rin g ch ild re n ’ s ca ses t o be a d ep en d en t o r n e g le cte d ch ild .
[I b id ., sec. 2 5 5 .]
E n ticin g , p ro cu rin g o r tra n s p o r tin g a n y w om a n o r g ir l f o r p u rp oses o f p ro s titu tio n .
[I b id ., secs. 2 36 , 2 4 2 -2 4 8 .]
IN D E C E N T , L E W D , O R L A S C IV IO U S

CON DU CT W IT H

C H IL D

Child under l\ years of age (male or fem a le); penalty.— Any person who
shall wilfully and lewdly commit an-y lewd or lascivious act other than
the acts constituting other crimes provided for in part one of this code, upon
or with the body, or any part or member thereof, of a child under the age
of fourteen years, with the intent of arousing, appealing to or gratifying the
lust or passions or sexual desires of such person or of such child, shall be
guilty of a felony and shall be imprisoned in the state prison not less than
one year. [Ibid., sec. 282.]
AR K AN SAS
C a rn a l k n ow led g e o r a b u s e ; age o f c o n s e n t :
F em ale ch ild u n d er 16 ; p en a lty .
A b d u ctio n ; s ed u ction ; p ro s titu tio n :
F em ale ch ild u n d er 15, a b d u ctin g f o r im m ora l p u rp oses.
F em a le u n d er 18, e n ticin g to p r o s titu tio n o r-im m o r a l p ra ctice s.
N ot^ J—
.
^
C h ild w ith in ju v e n ile -c o u r t a ge fo u n d liv in g in o r fre q u e n tin g ho>»se o f
fa m e, ju r is d ic t io n o f ju v e n ile cou rt.
T ra ffic in fem a les fo r im m ora l p u rp oses.
CARNAL KNOW LEDGE

OR ABU SE— AGE

OF

ill

C O N SE N T

_ Female child under 16, carnal knowledge or abuse; penalty.— Every person
convicted of carnally knowing or abusing unlawfully, any female person under
the age of sixteen years shall be imprisoned in the penitentiary for a period
of not less than one year nor more than twenty-one years. [D igest o f Stats.
1921, sec. 2720.]
N o t e .— R ape o f a fe m a le is p u n ish a b le by
p u n ish a b le b y im p rison m en t o f 3 to 21 yea rs.


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d e a t h ; a ssa u lt w ith in te n t to
[I b id ., secs. 2719 a n d 2 7 2 1 .]

ra p e

is

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LAW S RELATING TO SEX OFFENSES AGAINST CHILDREN
A R K A N SA S— C on tin u ed
A B D U C T IO N — S E D U C T IO N — P R O S T IT U T IO N

Female child under 15 years of age, abducting for immoral purposes.— Every
person who shall take away any female under the age of fifteen years from
her father, mother, guardian, or other person having the legal charge of her
person, without their consent, either for the purpose of prostitution or con­
cubinage, shall, upon conviction, be fined in any sum not less than four hundred
dollars, and be imprisoned not less than one year. [Ibid., sec. 2825.]
Female under 18, enticing to prostitution or immoral practices.— Any per­
son who shall inveigle, or entice, or attempt to inveigle or entice any female
person, under the age of eighteen years, to any place,- or shall conceal or aid,
or abet in enticing, inveigling, or concealing any such female, so inveigled or
enticed, for the purpose of prostitution, or lewdness, or other immoral practices,
shall, on conviction, be imprisoned not less than two years nor more than
twenty years in the State penitentiary. [Ibid., sec. 2712.]
Notes.— A b oy u n d er 17 o r a g ir l un der 18 y ea rs o f a ge fo u n d liv in g in a hou se o f ill
fa m e m ay be fo u n d b y th e ju v e n ile co u rt t o be a d ep en d en t or n eg lected ch ild , a n d su ch
a ch ild w h o k n ow in g ly v is its o r freq u en ts a p la ce o f th is ch a r a c te r m ay be fo u n d to be a
d elin q u en t ch ild .
[I b id ., secs. 5 7 5 3 -5 7 5 4 .]
T ra ffic in fem a les fo r im m ora l p u rp oses.
[I b id ., secs. 2 7 0 3 -2 7 1 3 .]
CALIFORNIA
C arn a l k n ow led g e o r a b u s e ; age o f c o n s e n t :
F em a le u n d er 18.
A ccu s ed u n d er 14, p r o o f required .
E ssen tia l elem en t o f th e crim e.
P en a lty .
A d d itio n a l p u n ish m en t i f fem a le ch ild is u n d er 10 (s te r iliz a t io n ).
A b d u ctio n ; sed u ction ; p ro s titu tio n :
F em ale u n d er 18, a b d u ction f o r im m ora l p u rp oses.
F em a le u n d er 18 (u n m a r r ie d ), e n ticin g to illic it in te rco u rse .
M in or o f eith e r sex, a d m ission to h ou se o f p ro s titu tio n forb id d en .
N otes
C hild u n d er 18, p e n a lty fo r sen d in g as m essen ger to hou se o f p ro s titu tio n .
F em ales, tra ffic in fo r im m ora l purp oses.
In d ecen t, lew d , o r la sciv io u s co n d u ct w ith c h i l d : C hild u n d er 14 (m a le o r fe m a le ) •
p en a lty .
’
C A R N A L K N O W L E D G E O R A B U S E — A G E O F C O N SE N T

Female under 18, unlawful sexual intercourse.-—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 o f eighteen years. '* * * [Penal

Code 1920 (K err’s), sec. 261.]

Accused under 14, proof required.— 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 inde­
pendent fact, and beyond a reasonable doubt. [Ibid., sec. 262.]
Essential element of the crime.— The essential guilt of rape consists in the
outrage of the person and feelings of the female. Any sexual penetration,
however slight, is sufficient to complete the crime. [Ibid., sec. 263.]
Penalty.—Rape is punishable by imprisonment in the state prison not more
than fifty years, except where the offense is under subdivision one of section
two hundred sixty-one o f the Penal Code, in which case the punishment shall
be either by imprisonment in the county jail for not more than one year or
in the state prison for not more than fifty years, and in such case the jury
shall recommend by their verdict whether the punishment shall be by imprison­
ment in the county jail or in the state prison; provided, that when the de­
fendant pleads guilty of an offense under subdivision one of section 261 of the
Penal Code the punishment shall be in the discretion o f the trial court,
either by imprisonment in the county jail for not more than one year or in
the state prison for not more than fifty years. [Ibid., sec. 261, as amended

tt

by Laws of 1923, ch. 130.]

Additional punishment if female is under 10 years of age.— Whenever any
person shall be adjudged guilty of carnal abuse o f a female person under the
age of ten years, the court may, in addition to such other punishment or con­
finement as may be imposed, direct an operation to be performed upon such
person, for the prevention o f procreation, [Ibid., sec. 615, added by Laws of

1923, clL 221.1


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?

*

L a w s r e l a t in g to s e x d e f e n s e s a g a i n s t c h i l d r e n

23

A B D U C T IO N — S E D U C T IO N — P R O S T IT U T IO N

Female under 18, abduction; penalty.— 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 of her person, without their consent,
for the purpose of prostitution, is punishable by imprisonment in the state
prison not exceeding five years, and by a fine not exceeding one thousand
dollars. [Ibid., sec. 267.]
Female under 18 (unmarried), enticing to illicit intercourse.— Every per­
son who inveigles or entices any unmarried female, of previous chaste char­
acter, 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 a county jail
not exceeding one year, or by a fine not exceeding one thousand dollars, or by
both such fine and imprisonment. [Ibid., sec. 266.]
Minor of either sex, admission to house of prostitution forbidden.— Any
proprietor, keeper, manager, conducter, or person having the control of any
house of prostitution, or any house or room resorted to for the purpose of
prostitution, who shall admit or keep any minor o f either sex therein; or
any parent or guardian of any such minor, who shall admit or keep such
minor, or sanction, or connive at the admission or keeping thereof, into, or
in any such house, or room, shall be guilty of a misdemeanor.10 [Ibid., sec.

309.]
Notes.— P a re n t, gu ard ia n , em p loy er, and so fo rth , fo rb id d e n t o sen d ch ild u n d er 18
to h ou se o f p r o s titu tio n o r o th e r im m ora l p lace. [Ib id ., sec. 2 7 3 f.]
F o r p rov is ion s re g a rd in g ta k in g o r p ro cu rin g fem ale fo r p u rp oses o f p r o s titu tio n ,
an d so fo r t h , see secs. 2 66 a t o 2 6 6 g (b e in g L a w s o f 1905, pp. 6 55—6 5 6 ).
IN D E C E N T , L E W D , O R L A S C IV IO U S C O N D U C T W I T H C H IL D

Child under 14 years of age ( male or fem ale), penalty for person taking
indecent liberties.— Any person who shall wilfully and lewdly commit any
lewd or lascivious act other than the acts constituting other crimes provided
for in part two [o n e ]6 of this code upon or with the body, or any part or
member thereof, of a child under the age of fourteen years, with the intent
df arousing, appealing to, or gratifying the lust or passions or sexual desires
of such person or of such child, shall be guilty of a felony and shall be im­
prisoned in the‘ state prison not less than one year. [Ib id ., sec. 288.]
COLORADO
C arn a l k n ow led g e o r a b u s e ; age o f c o n s e n t :
F em ale un d er 18 (u n m a r r ie d ), u n la w fu l sexu a l in t e r c o u r s e ; p u n ish m en t a cco r d in g
to d egree o f offen se (fe m a le u n d er 18, m ale o v e r 18, first-d eg ree r a p e ; b o th un d er
18, th ird d e g r e e ).
F irst-d eg ree ra p e deem ed fo rcib le .
E ssen tia l elem en t o f th e crim e.
P u n ish m en t fo r fem a le o f a n y age in d u cin g h oy un d er IS to sexu a l in te rco u rse .
A p p lica tio n o f act.
P r o o f required .
In d e ce n t, lew d , o r la sciv io u s c o n d u ct w ith c h i l d : C h ild u n d er 16 (m a le o r fe m a le ) ;
a ccu sed ov er 14, pun ishm ent.

Seduction; prostitution:

F e m a le u n d er 18.
C hild un der 18 (m a le o r fe m a le ), p u n ish m en t fo r p erso n e n ticin g t o hou se o f
p r o s titu tio n .
C h a ste fe m a le u n d er 20, e n ticin g t o im p rop er p la c e s ; p en a lty .
N o te s —
C hild un d er 18 fo u n d liv in g in or k n o w in g ly v is itin g or e n te rin g h o u se o f ill
fam e, ju r is d ic tio n o f co u rt h ea rin g ch ild re n ’ s cases.
M ale o r fem a le, p ro cu rin g fo r p r o s titu tio n .
- 5 P u n ish m en t fo r m isd em ea n or, w h en n o t o th erw is e p res crib ed .— E x ce p t in cases w h ere
a d iffe ren t p u n ish m en t is p rescrib ed by th is cod e, every offen se d ecla re d to be a m is­
d em ean or is p u n ish a b le by im p rison m en t in a co u n ty ja il n o t e x ce e d in g s ix m on th s,
o r by a fine n ot e x ce e d in g five hu nd red d o lla rs , or by b oth .
[I b id ., sec. 1 9 .]
8 P a r t I o f Hie p en a l c o d e d ea ls w ith p ro ce d u re on ly .


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24

LAW S RELATING TO SEX OFFENSES AGAINST CHILDREN
COLORADO— C on tin u ed
C A R N A L K N O W L E D G E O R A B U S E — A G E O F C O N SE N T

Female under 18 ( unmarried), unlawful sexual intercourse; punishment ac­
cording to degree of offense ( female under 18, male over 18, first degree; both
under 18, third d egree); punishment for female of any age inducing boy under
18 to sexual intercourse.— Rape is an act o f sexual intercourse, accomplished
with, by or between a male and a female person, or male and female persons,
where such female person is not the wife of the principal perpetrator, as dis­
tinguished from accessory to such offense, under any of the following circum­
stances :
I. By the male person where the female person is unmarried, and where the
female person is under, and the male person is over the age of eighteen years;
and this is rape in the first degree.
*
*
*
*
*
*
*
. 9. By the male person where both the male and female persons are under
the age of eighteen years, and the same is not rape in the first or the second
degree as in this act defined; and this is rape in the third degree.
10. By the female person of whatever age, not being an accessory as defined
in sub-division numbered eleven (11) of section one (1) of this act, where the
male person is under the age of eighteen years, where such sexual intercourse
is had at the solicitation, inducement, importuning or connivance of such
female person, or where such female person was at the time of commission of
such offense, a free, common, public or clandestine prostitute, and the male
person was, prior and up to the time of commission of the offense, of good
moral character; and this is rape in the third degree.
II. By either a male or a female person or persons o f whatever age where
such person, whether male or female, stands by and aids, abets, or assists, or
who not being present, aiding, abetting, or assisting, hath procured, advised
or encouraged the perpetration of the crime of rape, as in this act defined; in
which case such person or persons shall be deemed accessories, and deemed and
pun;shed the same as principals, whatever the degree of the offense. [Comp.
Laws 1921, sec. 6689.]
First-degree rape deemed forcible.—All cases o f rape as herein defined as
rape in the first degree shall be and are deemed carnal knowledge of a female
person forcibly and against her will. [Ibid., sec. 6690.]
Essential element of the crime.— The essential guilt of rape by the male
person consists in the outrage to the person and feelings o f the female; any
penetration, however slight, is sufficient to complete the crime. [Ibid., sec.
6691.]
Punishment for rape according to degree of the offense.— 1. Rape in the first
degree, as in this act defined, is punishable, at the discretion o f the court, by
imprisonment in the state penitentiary for life, or for a period of not less
than three years; Provided, Where the person convicted was under the age
of twenty years when the offense was committed, the court before whom the
offender is tried and convicted may commute the punishment for the offense,
where the conviction was had under sub-division numbered one (1 ), in sec­
tion one (1) of this act, to commitment to the state reformatory. And, Pro­
vided, further, Where any person convicted under sub-division numbered one
(1) in section one (1) of this act shall have previously borne a good reputa­
tion, the court may in its discretion commute the sentence to commitment to
the state reformatory. * * *
3. Rape in the third degree, as in this act defined, is punishable, at the dis­
cretion of the court, by a fine of not more than one thousand dollars, nor less
than two hundred dollars; or by imprisonment for not more than five years,
nor less than one year; or by both such fine and imprisonment; or by com­
mitment to the state industrial school for boys, or to the state industrial school
for girls, as by law provided. [Ibid., sec. 6692.]
Application of act.— Nothing in this act shall be held to apply to, or in any
manner interfere with, the laws against incest, the infamous crimes against
nature, seduction, adultery, fornication and other kindred offenses against the
person. [Ibid., sec. 6693.]
Proof required.— It shall not be necessary to prove emission to convict
any person of the crime o f rape, or the crime against nature. [Ibid., sec.


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LAWS RELATING TO SEX OFFENSES AGAINST CHILDREN
IN D E C E N T , L E W D , O R L A S C IV IO U S C O N D U C T W I T H

25

C H IL D

Child under 16 (male or fem ale), punishment for person over 11) taking in­
decent or improper liberties.— Any person over the age of fourteen years who
shall assault any child under sixteen years of age and shall take indecent and
improper liberties with the person of such child, or who shall entice, allure
or persuade any such child into any room, office or to any other place for the
purpose of taking such immodest, immoral, and indecent liberties with such
child, or who shall take or attempt to take such 1 berties with the person of
such child at any place, shall be deemed a felonious assaulter, and, on convic­
tion thereof, shall be punished, if over eighteen years of age, by confinement
in the penitentiary for a term not more than ten years, and, if under eighteen
years of age, may be punished by commitment to the state reformatory or to
the state industrial school. [Ibid., sec. 6696.]
S E D U C T IO N — P R O S T IT U T IO N

Female child under 16, seduction unth or without promise of marriage.— Any
man who shall, under promise of marriage seduce and have illicit connection
with any unmarried female, of previous chaste character, or who shall, with­
out such promise of marriage, seduce and have illicit connection with any un­
married female, of prev ous chaste character, under the age o f sixteen years,
shall be guilty of a felony, and upon conviction shall be punished by imprison­
ment in the penitentiary, not exceeding ten years; Provided, That no convic­
tion shall be had under this act on the testimony of the female seduced, un­
supported by other evidence, nor unless the indictment shall be found, or the
information laid, within two years after the commission of the offense; and,
Provided, further, That the subsequent marriage of the parties, prior to judg­
ment upon the indictment, or information, shall be a bar to the further prose­
cution of the offense. [Ibid ., sec. 6841.]
Child under 18 (male or fem ale), punishment for person enticing to house
of prostitution.—I f any person shall entice any unmarried males or females of
good repute, under the age of eighteen years, to any house of ill fame, or to
any assignation house, or to any other house of bad repute, he shall be deemed
guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less
than one hundred dollars, nor more than one thousand dollars, or imprisoned
in the county jail not less than thirty days, nor more than six months, or both
such fine and imprisonment, in the discretion of the court. And the keeper
or proprietor of any such house, to which an unmarried female shall be en­
ticed, as aforesaid, shall be held and deemed guilty of the said misdemeanor as
principal, and shall be punished accordingly. [Ibid., sec. 6843.]
Chaste female under 20, penalty for enticing to improper places.— I f any
person or persons shall entice any unmarried female of previous chaste reputa­
tion, under the age of twenty years, to any dance house, tippling house, or
other place of low resort, he shall be deemed guilty of a misdemeanor, and,
upon conviction thereof shall be fined not less than one hundred dollars, nor
more than one thousand dollars, or imprisoned in a county jail not less than
thirty days, nor more than twelve months, or both, in the discretion of the
court. [Ibid., sec. 6842.]
Notes.— A ch ild u n d er 18 fo u n d liv in g in a h ou se
ju ris d ictio n o f th e ju v e n ile c o u r t a s a “ d e p e n d e n t ”
1923, ch. 77, sec. 1 .)
A ch ild u n d er 18 w h o k n o w in g ly v is its o r e n ters
ju d g e d a “ d elin q u en t ” ch ild .
[I b id ., ch. 7 5 .]
P ro c u rin g o r s o lic it in g m ale o r fem a le p erson s fo r
tu tio n .
[C om p . L a w s 1921, secs. 6 8 4 4 -6 8 4 7 .]
.

o f ill fa m e w o u ld co m e w ith in th e
o r “ n e g le c t e d ” ch ild .
[L a w s o f
.
.
,
a hou se o f ill rep u te m ay be ad­
the p u rp ose o r busin ess o f p ro s ti­

CO N N EC TICU T

C arn a l k n ow led g e o r a b u s e ; a g e o f c o n s e n t :
F em ale ch ild u n d er 16, ca rn a l kn ow ledg e a n d a b u s e ; p e n a lty .
A ss a u lt w ith in te n t t o ca rn a lly abuse ; p en a lty .
A b d u ction ; sed u ction ; p ro s titu tio n :
M in or fem ale, a b d u ction ; sed u ction .
F em ale u n d er 21, p e n a lty fo r p a re n t o r g u a rd ia n p e rm ittin g use f o r im m o ra l
p u rp oses.
N otes—
Fem ale, e n ticin g o r u sin g fo r im m ora l purposes. ^
F em a le h elp o r s erv a n t, em p loy m en t a g en cy fo rb id d e n to send to h ou se o f
ill repute.


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26

LAWS RELATING TO SEX OFFENSES AGAINST CHILDREN
CO N N EC TICU T— C on tin u ed
C A R N A L K N O W LE D G E OR A BU SE — A G E

O F C O N SE N T

Female child under 16, carnal knowledge and abuse; punishment.—Any per­
son who shall commit the crime of rape upon any female of the age of sixteen
years or more shall be imprisoned in the state prison not more than thirty
years; and any person who shall carnally know and abuse any female under
the age o f sixteen years shall be fined not more than one thousand dollars
or imprisoned not more than thirty years or both. [(Jen. Stats. 1918, sec.
6392 as amended by P u b lic Acts 1923, ch. 47.]
Assault with intent to carnally abuse female child under 16; penalty.—
Every person who shall make an assault upon the body of any female, under
the age of sixteen years, with intent to carnally know and abuse said female,
shall be imprisoned not more than ten years; and any person prosecuted for
carnally knowing and abusing any female under the age o f sixteen years
may be convicted of the offense mentioned in this section. [Ib id ., sec. 6394.]
A B D U C T IO N — S E D U C T IO N — P R O S T IT U T IO N

Minor female, abduction; seduction.— Every person who shall seduce and
commit fornication with any minor female, or who shall entice or take her
away from her parent, guardianor residence, for such purpose or for the
purpose of concubinage, shall be imprisoned not more than five years and
fined not more than one thousand dollars. [Ibid., sec. 6378.]
Female under 21, penalty for parent or guardian consenting to her being
used for immoral purposes.—Any parent, guardian or other person having the
custody or control of any female under the age of twenty-one years, who
consents to her being used, taken or detained by any person for the purpose
of prostitution or sexual intercourse, shall be fined not more than one thou­
sand dollars or imprisoned not more than one year or both. [Ib id ., sec. 6380.]
Notes.— E n tic in g o r u sin g fem ale fo r im m ora l p u rp oses.

[I b id ., sec. 6 3 7 9 .]
E m p loy m en t a g en cy fo rb id d e n to sen d fem a le help or s e rv a n t to b ou se o f ill repute.
[I b id ., see. 2 3 3 7 .]
DELAW A RE
C a rn a l k n ow led g e o r a b u s e ; a ge o f c o n s e n t :
F em ale ch ild u n d er 7, ca rn a l k n ow led g e and a b u s e ; p e n a lty .
A ss a u lt w it h in te n t t o ra v ish a n y f e m a l e ; p en a lty .
C hild un d er 18 (m a le o r fe m a le ), p e n a lty fo r "Vising fo r sexu a l p u rp oses.
In d ecen t, lew d , o r la sciv io u s co n d u ct w it h c h i l d :
F em a le ch ild u n d er 16, p e n a lty f o r le w d ly p la y in g w ith su ch ch ild .
P r o s t it u t i o n :
M in or ch ild , d isp o s in g o f o r e m p loy in g fo r p u rp o s e o f p ro s titu tio n .
N otes
C hild w ith in ju v e n ile -co u rt a ge k n o w in g ly v is itin g h ou se o f ill fa m e, ju r is ­
d ictio n o f ju v e n ile cou rt.
C hild un d er 18, a lso m in o r ch ild , p e n a lty fo r e m p lo y in g in o r a b o u t h ou se o f
a ssig n a tion .
F em ales, tra ffic in fo r im m ora l p u rp oses.
C A R N A L K N O W LE D G E O R A BU SE — A G E OF CON SEN T

Female child under T years of age, carnal knowledge and abuse; penalty.—
Whoever shall commit the crime of rape or who shall carnally know and abuse
a female child under the age of seven years, shall be deemed guilty o f a
felony and shall suffer death; provided, however, that if the jury at the time
of rendering their verdict, shall recommend the defendant to mercy, the court
may, if it seems proper to do so, impose the sentence of life imprisonment in­
stead of death. [R ev. Code 1915, sec. 4706.]
Assault with intent to ravish; penalty.—Whoever shall, with violence, as­
sault any female with intent to commit a rape, shall be deemed guilty ot
felony, and shall be fined not less than two hundred nor more than five hun­
dred dollars, shall be whipped with thirty lashes, and shall be imprisoned not
exceeding ten years. [Ibid., sec. 4707.]
Child under 18 (male or fem ale), penalty for person harboring or using for
sexual purposes.—Whoever takes, receives, employs, harbors or uses, or causes
or procures to be taken, received, employed, harbored, or used, a male or
female under the age of eighteen years for the purpose o f sexual intercourse;
or whoever being proprietor or proprietress of any house of prostitution, re­
puted house of prostitution or assignation, house of ill-fame or assignation,
harbors or employs any male or female in any such house, under the age o f
eighteen years, under any pretext whatever, shall be deemed guilty of a mis
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L A W S R E LA T IN G TO SEX O F F E N SES A G A IN S T C H IL D R E N

27

demeanor and upon conviction thereof in the Court of General Sessions shall
be fined not more than one thousand dollars, or imprisoned for a term o f not
more than seven years, or both, at the discretion o f the court.
The terms “ house of prostitution,” “ reputed house of prostitution or as­
signation,” “ house of ill-fame or assignation ” include all premises which, by
common fame or report, are used for purposes of prostitution or assignation.

[Ibid

sec. 4709.]

IN D E C E N T , L E W D , O R L A S C IV IO U S C O N D U C T W I T H C H IL D

Female child under 16 years of age, penalty for lewdly playing with such
child.—Whoever shall lewdly and lasciviously play or toy with any female
child under the age o f sixteen years, shall be deemed guilty of a misdemeanor,
and upon conviction thereof shall be fined not exceeding five hundred dollars
and shall be imprisoned for a term not exceeding three years, ilbid., sec.

4708.]

P R O S T IT U T IO N

Minor child, disposing of or employing for purposes o f prostitution.—
* * * , any person who, having the care, custody, or control o f any minor
child whatsoever, shall sell, apprentice, give away, or otherwise dispose o f such
minor, or who shall take, receive, or employ such minor, * * * for the
purpose of prostitution, or any person who shall retain, harbor, or employ
any minor child in or about any assignation house or brothel, shall be deemed
guilty of a misdemeanor, and upon conviction thereof before any justice o f the
peace or court of record shall be fined not less than twenty dollars nor more
than one hundred dollars for each and every offense. [Ibid., sec. 2223.]
Notes.— A b oy u n d er 17 o r a g ir l u n d er 18 y e a rs o f a g e w h o k n o w in g ly v is its o r
e n te rs a h ou se o f ill fa m e m ay be fo u n d b y th e ju v e n ile c o u r t t o b e a d e lin q u e n t ch ild .
[I b id ., sec. 3829.]
T ra ffic in fem a les f o r im m ora l p u rp oses.
[I b id ., secs. 4 7 8 9 -4 7 9 1 .]
T h e em p loy m en t o f a c h ild u n d er 18 in o r a b ou t a n y a ss ig n a tio n h ou se is fo rb id d e n .
[Ib id ., sec. 4 7 0 9 .]
T h e em p loy m en t o f a m in o r c h ild in o r a b o u t a n y a ss ig n a tio n h o u se
is fo rb id d e n .
[I b id ., sec. 2 2 2 3 .]
DISTRICT OP COLUMBIA
C arn a l k n ow led g e o r a b u s e ; a g e o f c o n s e n t : F em a le c h ild u n d e r 1 6 ; p e n a lty .
A b d u ctio n ; sed u ction ; p r o s tit u t io n :
F e m a le u n d er 16, a b d u ctio n .
F e m a le b etw een 1 6 anc[ 2 1 , s e d u ctio n b y tea ch er.
F e m a le b etw een 16 a n d 21, s ed u ction .
F em ale u n d er 18, e n ticin g o r ta k in g to , o r r e c e iv in g in h ou se o f p ro s titu tio n o r
elsew h ere fo r im m o ra l p u rp oses.
M in or, fem a le e n tic in g t o p r o s t i t u t i o n ; p en a lty .
N o tes— >.
C h ild u n d er 16 fo u n d in h o u se o f ill fa m e, ju r is d ic t io n o f ju v e n ile cou rt.
G irl o r fem a le, em p loy m en t a g e n c y fo rb id d e n t o send t o h o u se o f p r o s titu tio n .
T ra ffic in w om en a n d g ir ls f o r im m ora l p u rp oses.
CARN AL KN OW LEDG E OR ABU SE— AGE

O F CON SEN T

Female child under 16 years of age, carnal knowledge and abuse; penalty.—
Whoever has carnal knowledge of a female forcibly and against her will, or
carnally knows and abuses a female child under sixteen years of age, shall
be imprisoned for not more than thirty years: Provided, That in any case of
rape the jury may add to their verdict, if it be guilty, the words “ with the
death penalty,” in which case the punishment shall be death by hanging:
Provided further, That if the jury fail to agree as to the punishment the verdict
of guilty shall be received and the punishment shall be imprisonment as pro­
vided in this section. [Code 1919, sec. 808, as amended by 41 Stat., 567.]
A B D U C T IO N -----S E D U C T IO N -----P R O S T IT U T IO N

*

Female under 16, abduction.— Any person who, for purpose of prostitution,
persuades, entices, or forcibly abducts from her home or usual abode, or from
the custody and control of her parents or guardian, any female under sixteen
.years of age shall be punished by imprisonment for not less than two nor more
than twenty years; and whoever knowingly secretes or harbors any such
female so persuaded, enticed, or abducted as aforesaid shall suffer imprison­
ment for not more than eight years. [Code 1919, sec. 818.]

25134°—25-----5


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28

LAW S

r e l a t in g

to

sex

offenses

a g a in s t

c h il d r e n

DISTRICT OF COLUMBIA — Continued

Female "between 16 and 21, seduction by teacher.— Any male person over
twenty-one years of age, who is superintendent, tutor, or teacher in any public
or private school, seminary, or other institution, or instructor o f any female
in any branch of instruction, who has sexual intercourse with any female
under twenty-one years of age and not under sixteen years of age, with her
consent, while under his instruction during the term o f his engagement as
superintendent, tutor, or teacher, shall be imprisoned for not less than one
year nor more than ten. [Code 1919, sec. 871.]
Female between 16 and 21, seduction.— If any person shall seduce and car­
nally know any female o f previous chaste character, between the ages of six­
teen and twenty-one years, out of wedlock, such seduction and carnal knowl­
edge shall be deemed a misdemeanor, and the offender, being convicted thereof,
shall be punished by imprisonment for a term not exceeding three years, or
fined not exceeding two hundred dollars, or may be punished by both such
fine and imprisonment. [Code 1919, sec. 873.]
Female under 18, enticing or taking to or receiving in house of prostitution
or elsewhere for immoral purposes.— Any person who shall entice, decoy, place,
take, or receive any female child under the age of eighteen years into any
house of ill fame or disorderly house, for the purpose of prostitution, or any
person who, having in his custody or control such child, shall dispose o f it
to be so received, or to be received in or for any obscene, indecent, or immoral
purpose, exhibition, or practice, shall be deemed guilty of a misdemeanor, and
when convicted thereof shall be subject to punishment by a fine of not more
than one thousand dollars, or by imprisonment for a term not exceeding ten
years, or both. [District of Columbia Comp. Stats. 1889, p. 510; 23 Stat.,

303, sec. 1.]

Minor, penalty for female enticing to prostitution.— It shall not be lawful for
any prostitute or lewd woman to invite, entice, persuade, or to address for the
purpose of inviting, enticing, or persuading any person or persons, in or upon
any avenue, street, road, highway, open space, alley, public square, or in­
closure in the District of Columbia, to accompany, go with, or follow her to her
residence, or to any other house or building, inclosure, or other place, for the
purpose of prostitution, under a penalty, if the person so invited, enticed, or
persuaded, or addressed for the purpose of inviting, enticing or persuading
shall be an adult, of not more than twenty-five dollars for each and every
offense, and if the person invited, enticed, or persuaded, or addressed for the
purpose of inviting, enticing, or persuading be a minor, under a penalty of not
more than fifty dollars for each and every such offense. * * * [27 Stat.,

323, sec. 7 (1892).]
Notes.— A ch ild u n d er 16 fo u n d in h ou se o f ill fa m e com es w ith in th e ju r is d ic t io n o f
th e ju v e n ile co u rt.
[2 3 S ta t., 320, sec. 3 ; 34 S ta t., 73, sec. 8 .]
F o r fu r th e r p ro v is io n s reg a rd in g p ro s titu tio n see th e f o l l o w i n g : E n tic in g to p r o s titu ­
tio n fo rb id d e n [2 7 S ta t., 323, sec. 7 ( 1 8 9 2 ) ] .
E m p lo y m e n t a gen cies fo rb id d e n to send
g ir l o r fe m a le to h ou se o f p r o s t it u t io n ; p ro s titu te s and p ro cu re rs m a y n o t fre q u e n t em D iovm ent a gen cies [3 4 S ta t., 308, sec. 10 ( 1 9 0 6 ) ] .
F e d e ra l la w re g a rd in g w h ite -sla v e
t r a ffic ; a p p lica tio n to D is tr ic t o f C olu m b ia [3 6 S ta t.. 8 2 5 -8 2 7 ( 1 9 1 0 ) ] . P a n d e rin g
defined an d p r o h ib ite d ; p u n ish m en t [3 6 S ta t., 8 33 ( 1 9 1 0 ) ] .
P o lic e co u rt t a h ave
ju r is d ic t io n c o n cu rr e n tly w ith S uprem e C ou rt o f th e D is tr ic t o f C olu m bia in m a tte rs
n erta in in g to d is o r d e r ly h ou ses [37 S ta t., .192 ( 1 9 1 2 ) ] .
H ou ses o f p ro s titu tio n d ecla red
¿ .'n u is a n c e ; a ba tem en t [3 8 S ta t., 2 8 0 -2 8 2 ( 1 9 1 4 ) ] .
FLORIDA
C a rn a l k n ow led g e o r a b u s e ; age o f c o n s e n t :
F em ale ch ild u n d er 1 0 ; p en a lty .
A ccu s ed u n d er 14, p r o o f req u ired .
C h ild un d er 18, m ale o r fem a le (u n m a rried a n d p re v io u sly c h a s te ) ; p en a lty .
P u b lica tio n o f nam e o f ra p ed fem a le f o r b i d d e n ; p en a lty .
P r o s t it u t io n :
F em a le un d er 16 (u n m a r r ie d ), p e n a lty f o r p ro cu rin g fo r p u rp oses o f p r o s titu tio n .

Notes

C h ild u n d er 17 fo u n d in h ou se o f ill fa m e, ju r is d ic t io n o f ju v e n ile cou rt.
W o m a n o r g irl, e n ticin g to p r o s titu tio n .
C A R N A L K N O W L E D G E OR A B U S E — A G E O F C O N SE N T

Female child under 10 years of age, unlawful carnal knowledge or abuse,;
penalty.—Whoever * * * unlawfully or carnally knows or abuses a female
child under the age of ten years, shall be punished by death or by imprison­
ment in the State prison for life. It shall not be necessary to prove the actual
emission of seed, but the crime shall be deemed complete upon proof of pene­
tration only. [Rev. General Stats. 1920, sec. 5051.]

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29

Accused under 14 years of a ge; proof required.— The common law rule
“ that a boy under fourteen years of age is conclusively presumed to be im
capable of committing the crime of rape” shall not hereafter be in force in the
State of Florida ; the capability of a person to commit the crime of rape shall
be determined by the jury. [Ibid. sec. 5052.]
Child under IS years of age, male or female (unmarried and of previous
chaste character), unlawful carnal intercourse; penalty.— Any person who has
unlawful carnal intercourse with any unmarried person of previous chaste
character, who at the time of such intercourse is under the age of eighteen
years, shall be punished by imprisonment in the State penitentiary not more
than ten years, or by fine not exceeding two thousand dollars. [Ibid., sec.

5109, as amended by Laws of 1921, ch. 8596.]
P U B L IC A T IO N

OF

NAM E

OF

RAPED

FEM ALE

F O R B ID D E N

Unlawful to publish name or identity of raped female.— It is hereby made
unlawful for any person or persons to print and publish or cause to be printed
and published in any newspaper, magazine, periodical or any other publication
in the State of Florida the name or identity of any female raped or upon
whom an assault with intent to commit rape has been committed or may be
committed. [Ibid., sec. 5058.]
Same; punishment.— Whoever is convicted of the violation of the provisions
of section 5053 shall be punished by a fine of not more than one thousand
dollars or by imprisonment in the county jail for not more than twelve months,
or by both such fine and imprisonment, in the discretion of the court. [Ibid.,

sec. 5054.]

P R O S T IT U T IO N

Female under 16 (unmarried), penalty for procuring for purposes of prosti­
tution.— Whoever procures for prostitution, or causes to be prostituted, any
unmarried female who is under the age of sixteen years shall be punished by
imprisonment in the State prison not exceeding ten years. [Ibid., sec. 5485.]
Notes.— T h e term “ d elin q u en t ” as defined in th e J u ven ile-cou rt a c t in clu d e s a ch ild
u n d er 17 fo u n d in hou se o f ill fa m e. [Tbid., sec. 2321.1
F o r p ro v is io n s re g a rd in g e n ticin g w om a n or g ir l to p ro s titu tio n , see secs. 5412, 5413.
GEORGIA
C arn a l k n ow led g e o r a bu se ; age o f co n se n t :
F e m a le ch ild un d er 14, u n la w fu l sexu a l in te rco u rse ; p en a lty .
P e n a lty f o r rape.
A ss a u lt w ith in te n t t o ra p e ; p en a lty .
N ote— P en a lty fo r m isdem ean or.
P u b lica tio n o f nam e o f rap ed fe m a le forb id d en .
P r o s titu tio n :
N ote— C hild u n d er 16, in m a te o f b ro th e l o r b aw d y house, ju r is d ic t io n o f ju v e n ile
cou rt.
CARNAL KNOW LEDGE

OR ABUSE— AGE

O F C O N SE N T

Female child under 14 years of age, unlawful carnal intercourse.— It shall
be unlawful for any person to have sexual or carnal intercourse with any
female child under the age o f fourteen (14) years, unless such person shall
have previously become lawfully married to such female child. [Laws of

1918, No. 291, p. 259, sec. 1.]
Penalty.— Any person violating the provisions of section 1 of this act shall
be guilty of rape, and on conviction thereof shall be punished as prescribed
by section 94 of the Penal Code of Georgia of 1910, unless the jury trying
the cause shall recommend that the defendant be punished as for a mis­
demeanor, in which event the same shall be made the judgment and sentence
of the court. Provided, however, that no conviction shall be had for said
offense on the unsupported testimony of the female in question. [Ibid., sec. 2.]
Penalty for rape.—The crime of rape shall be punished with death, unless
the defendant is recommended to mercy by the jury, in which case the pun­
ishment shall be the same as for an assault with intent to commit a rape.

4 Park’s Annotated Code 1914 (Penal), sec. 94.]

Assault with intent to rape.— An assault with intent to commit a rape shall
be punished by imprisonment at hard labor in the pénitentiary for not less
than one year nor longer than twenty years. [Ibid., sec. 98.]
Note.— T h e m axim u m p u n ish m en t fo r m isd em ean or fo r w h ich n o p e n a lty is o th e rw ise
p ro v id e d m ay be fine o f $ 1,000, im p rison m en t f o r 6 m on th s, o r 12 m on th s o n the ch ainga n g , o r it m ay be m ore th a n one o f these.
[I b id ., sec. 1 0 6 5 .]


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30

LAWS RELATING TO SEX OFFENSES AGAINST CHILDREN
G E ORGIA— C on tin u ed
P U B L IC A T IO N

OF NAM E OF RAPED

FEM ALE

F O R B ID D E N

Unlawful to publish name or identity of raped female. It shall be unlaw­
ful for any newspaper publisher, or any other person to print and publish,
or cause to be printed and published in any newspaper, magazine, periodical
or any other publication published in the State of Georgia the name or iden­
tity of any female who may have been raped, or upon whom an assault
with intent to commit rape may have been made. [Ibid., sec. 343 (a).]
P R O S T IT U T IO N
N o t e __ T h e term “ w a y w a rd c h i l d ” as used in th e ju v e n ile co u rt la w is con stru ed
t o m ean a b o y o r g ir l u n d er 16 w h o is an in m a te o f a b ro th e l o r b a w d y h ou se.
[C o d e
1914 (P e n a l), sec. 8 9 1 .]
H A W A II
C a rn a l k n ow led g e o r a b u s e ; a g e o f c o n s e n t :
^
F em a le c h ild u n d er 12, ca rn a l k n o w le d g e o r a b u s e , p e n a lty .
F em a le c h ild u n d er 12, a ssa u lt w it h in te n t t o r a v i s h ; p e n a lty .
, „
F in d in g s w h ic h ju r y m a y m ak e on ch a rge o f ra p e o r ca rn a l abu se o f fe m a le c h ild
F in d in g s ju r y m a y m ak e on ch a rg e o f ca rn a l abuse o f fe m a le c h ild u n d er 1 0 ,
u n d er 14.
, •
u
F em a le u n d er 15, ca rn a l in t e r c o u r s e ; p en a lty .
___
In d ecen t, lew d , o r la sciv io u s co n d u ct w ith c h i l d : F em ale ch ild un d er 1 2 , p e n a lty .
A b d u ctio n ; s e d u ctio n ; p ro s titu tio n :
fIS S I

S r U1 8 ,% enalty dfor parent or guardian knowingly permitting unlawful
sexual intercourse.
.
... .. _

N ote— S o licitin g o r p ro cu rin g f o r pu rp oses o f p ro s titu tio n .

C A R N A L K N O W L E D G E O R A B U S E — A G E O F C O N SE N T

Female child under 12, carnal abuse; punishment.— Whoever ravishes or
carnally abuses and knows any female under the age of twelve years, shall
suffer the punishment of death, or imprisonment for life at hard labor, in
the discretion of the court. [Rev. Laws of 1915, sec. 3895.]
Assault unth intent to ravish female child under 12; penalty. Whoevei
maliciously assaults any female with an intent to commit the crime of rape
or maliciously assaults any female child under the age o f twelve years with
intent to ravish or carnally abuse and know such a child, shall be punished
by a fine not exceeding one thousand dollars or imprisonment at hard labor
for not more than five-years or both. [Ibid., sec. 3896.]
,
7
Findings which jury may make on charge of rape or carnal abuse of female
child under 12— Under an indictment charging a defendant with rape or with
carnal abuse of a female child under the age of twelve years or with assault
with intent to commit either of said offenses, the jury may find the de­
fendant guilty o f an indecent assault if the facts so warrant. [Ibid., sec.
3898 1
Findings jury may make on charge of carnal abuse of female child under
10 ■ under U .— I f on the trial of any person charged with the offenses o f rape
or'sodomy, or with the offense of ravishing, carnally abusing any girl under
the age of ten years, or with having sexual or carnal intercourse with an^
female of this Territory under the age of fourteen years, the jury shall not
be satisfied that he is not guilty thereof, but shall be satisfied that he is guilty
of an assault with intent to commit the same, then the jury may return as their
verdict that he is not guilty o f the offense so charged, and may find him guiLy
of an assault with intent to commit the same. [Ibid., sec. dSdS.J
Female under fifteen, carnal intercourse; punishment— Whoever“ Shall be
convicted of having sexual or carnal intercourse with any female m this Terntorv under the age of fifteen years, shall be imprisoned at hard labor for pot
less than three nor more than ten years, in the discretion of the court, Libia.,
see. 4149.]
,

Note.__ R ap e o f a n y fe m a le is p u n ish a b le b y fine o f $ 1,0 00 o r im p riso n m e n t f o r life
o r fo r a n y nu m ber o f y ea rs.
[I b id ., sec. 3 8 9 4 .]
IN D E C E N T , L E W D , O R L A S C IV IO U S

CONDUCT W IT H

C H IL D

Female child under 12; penalty.—Whoever takes indecent and improper lib­
erties with the person of a female child under the age of twelve years without
committing or intending to commit the crime of rape shall be deemed guilty
Of indecent assault and on conviction thereof shall be punished by a fine not

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L A W S R E LA T IN G TO SEX O FFE N SES A G A IN ST C H IL D R E N

31

exceeding one thousand dollars or imprisonment at hard labor for not more
than five years, or both. [Ibid., sec. 3897.]
A B D U C T IO N — S E D U C T IO N — P R O S T IT U T IO N

Abduction; penalty.— Whoever commits the offense of abduction, that is,
by force or deception takes or entices away or detains any female, with intent
to marry or to carnally defile her, or cause her to be married or carnally de­
filed, without her consent given previously to her being so taken or enticed
away or detained, shall be punished by a fine not to exceed five hundred dol­
lars, and imprisonment at hard labor not more than three years. [Ibid., sec.
3900.]
Female child under 12, abduction.— I f the female so abducted be a child un­
der twelve years of age, such abduction shall be conclusively presumed to be
by force, and without her consent and against her will. [Ibid., sec. 3901.]
Female under 18, penalty for parent or guardian knowingly permitting un­
lawful sexual intercourse.—Any parent, guardian or person in control of any
female child under the age of eighteen years, who shall aid or abet any such
child in the commission of the offense of adultery or fornication or shall know­
ingly permit such child to commit such offense, or any parent, guardian, or
person in control of any such child who shall aid or abet any person in the
commission of the offense of fornication or adultery with such child or shall
knowingly permit the commission of such offense with such child shall be
deemed guilty of a felony, and upon conviction thereof shall be punished by
imprisonment at hard labor for a term not exceeding three years. [Ibid., sec.
4149A as added by Laws o f 1917, Act No. 68.]
Note.— F o r p ro v is io n s re g a r d in g s o lic itin g , p r o cu rin g ,
tu tio n , see s ecs. 4 1 5 6 -4 1 5 8 .

e tc.,

fo r

p u rp oses

of

p r o s ti­

ID A H O
C a rn a l k n ow led g e o r a b u s e ; age o f c o n s e n t :
F em a le u n d er 18.
A ccu sed u n d er 14, p r o o f req u ired .
E ss e n tia l elem en t o f th e crim e.
P u n ish m en t.
A b d u ctio n ; s ed u ction ; p ro s titu tio n :
F em a le u n d er 18 (u n m a r r ie d ), e n ticin g to p ro s titu tio n o r illic it in te rco u rse .
F em ale u n d er 18, a b d u ctin g f o r p u rp oses o f p ro s titu tio n .
M in o r o f eith e r sex, a d m ission to h ou se o f p ro s titu tio n fo rb id d e n .
N otes—
C hild u n d er 1 8 k n o w in g ly v is itin g hou se o f ill fa m e , ju r is d ic t io n o f ju v e n ile
cou rt.
E m p loy m en t o f m in o r in h ou se o f p ro s titu tio n .
T ra ffic in w om en a n d g ir ls fo r im m ora l p u rp oses.
CARN AL KNOW LEDGE

OR ABU SE— AGE OF

C O N SE N T

Female child under 18 years of age, unlawful sexual intercourse.—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 o f 18 years. * * *. [Comp. Stats.
1919, sec. 8262.]
Accused under 14 years of age; proof required.— No conviction for rape can
be had against one who was under the age o f 14 years at the time o f the
act alleged, unless his physical ability to accomplish penetration is proved as
an independent fact, and beyond a reasonable doubt. [Ib id ., sec. 8263.]
Essential element of the crime.— 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. [Ib id ., sec. 8264.]
Punishment.—Rape is punished by imprisonment in the state prison not less
than five years, and the imprisonment may be extended to life. [Ib id ., sec.
8265 ]
'

A B D U C T IO N — S E D U C T IO N — P R O S T IT U T IO N

Female under 18 ( unmarried), enticing to prostitution or illicit inter­
course.— Every person who inveigles or entices any unmarried female of pre­
vious chaste character, under the age of 18 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 m an; and every person who aids or assists
in such inveiglement or enticement, is punishable by imprisonment in the state
prison not exceeding five years, or by imprisonment in a county jail not exceed
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L A W S R E LA T IN G TO SEX O FFE N SES A G A IN ST C H IL D R E N
IDAHO — Continued

ing one year, or by a fine not exceeding $1,000, or by both such fine and im­
prisonment. [Ibid., sec. 8267.]
Female under 18, abduction for purposes of prostitution.—Every person who
takes away any female under the age of 18 years from her father, mother,
guardian, or other person having the legal charge of her person, without their
consent, for the purpose of prostitution, is punishable by imprisonment in the
state prison not exceeding five years, and a fine not exceeding $1,000. [Ibid.,
sec. 8268.]
Minor of either sex, admission to house of prostitution forbidden.---Any
proprietor, keeper, manager, conductor, or person having the control of any
house of prostitution, or any house or room resorted to for the purpose of
prostitution, who shall admit or keep any minor of either sex therein, or
any parent or guardian of any such minor who shall idm it or keep such
minor, or sanction, or connive at the admission or keeping thereof, into or in
any such house or room, shall be guilty of a misdemeanor. [Ibid., sec. 8269.]
Notes.— U n d er th e ju v e n ile c o u r t la w th e term “ d e lin q u e n t ” ch ild in clu d e s one
un d er 18 w h o k n o w in g ly v is its a hou se o f ill fa m e.
(C om p . S ta ts. 1919, sec. 1 0 1 0 .)
E m p loy m en t o f m in or in hou se o f p ro s titu tio n forb id d e n .
(C om p . S ta ts. 1919, sec.
1 0 3 0 .)
F o r p ro v is io n s re g a rd in g the tra ffic in w om en a n d g ir ls f o r im m o ra l p u rp oses, see
C om p. S ta ts. 1919, secs 8 2 7 0 -8 2 7 7 .
IL L IN O IS
C arn a l k n ow led g e o r a b u s e ; age o f c o n s e n t :
F em ale ch ild u n d er 1 6 ; a ccu sed 17 o r o v e r ; p en a lty .
A b d u ction ; sed u ction ; p r o s titu tio n :
G irl un d er 12, a lso ch aste fem ale, a b d u ctin g fo r im m ora l p u r p o s e s ; p en a lty .
G irl u n d er 18 ( o f p rev iou s ch a ste c h a r a c te r ), e n ticin g to u n la w fu l in t e r c o u r s e ;
p en a lty .
G irl un d er 18 (u n m a r r ie d ), p e rm ittin g in h ou se o f p r o s t it u t io n ; p en a lty .
G irl un d er 18, b rin g in g in to S ta te f o r p u rp ose o f p r o s t i t u t i o n ; p e n a lty .
N otes—
B o y u n d er 17, g ir l u n d er 18 fo u n d liv in g in o r fre q u e n tin g h ou se o f i ll fa m e,
ju r is d ic tio n o f ju v e n ile cou rt.
E m p loy m en t a g en cies fo rb id d e n to send fem a le h elp o r se rv a n ts to q ues­
tio n a b le places.
P a n d erin g , s o licitin g , or tra n s p o r tin g g ir ls o r w om en f o r im m ora l purp oses.
In d ecen t, lew d , or la sciv io u s co n d u ct w ith c h il d : C hild u n d er 15 (b o y o r g i r l) , person
17 o r o v e r ta k in g in d ecen t li b e r t i e s ; p en a lty .
CARN AL K N OW LEDG E OR ABU SE— AGE

O F C O N SE N T

Female under 16, unlawful carnal knowledge; accused 17 or over, pen­
alty.— * * * Every male person of the age of seventeen years and
upwards, who shall have carnal knowledge of any female person under the
age of sixteen years and not his wife, either with or without her consent,
shall be adjudged to be guilty of the crime of rap e; Provided, That in case
the said parties shall be legally married to each other before conviction, any
legal proceedings shall abate. And Provided, That every male person of the
age of 16 years and upwards who shall have carnal knowledge of a female
forcibly and against her will shall be guilty of the crime of rape. Every
person convicted of the crime of rape shall be imprisoned in the penitentiary
for a term not less than one year and may extend to life. [Rey. Stats. 1921

(Smith’s), ch. 38, sec. 490.]
A B D U C T IO N — S E D U C T IO N — P R O S T IT U T IO N

Abducting chaste female for immoral purposes.—-Whoever entices or takes
away any unmarried female o f chaste life and conversation from the parent’s
home or wherever she may be found, for the purpose of prostitution or con­
cubinage, or whoever aids and assists in such abduction for such purpose,
shall be imprisoned in the penitentiary not less than one nor more than ten
years. [Ibid., sec. 1.]
Abducting child under 12 years of age; penalty.— Whoever unlawfully takes
or decoys away any child under the age of twelve years with intent to detain
or conceal such child from its parents, guardian, or other person having lawful
charge of such child, shall be confined in the county jail not exceeding one
year, or fined not exceeding $2,000, or both, in the discretion of the court:
Provided, This section shall not apply to any one who, in good faith, interferes
to protect the child from abuse or cruel treatment. [Ibid., sec. 2.]
Girl under 18 (o f previous chaste character), enticing to unlawful, inter­
course.—Any person who shall seduce and obtain carnal knowledge of any

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LAWS RELATING TO SEX OFFENSES AGAINST CHILDREN

33

unmarried female under the age of eighteen years of previous chaste char­
acter, shall, on conviction, be punished by a fine of not less than one thou­
sand dollars and not more than five thousand dollars or by imprisonment in
the county jail not exceeding one year, or by both such fine and imprison­
ment, and to stand committed until such fine and costs are fully paid, but
no conviction shall be had of said crime upon the testimony of the female
unsupported by other evidence: And, provided, That the subsequent inter­
marriage of the parties shall be a bar to the prosecution of said offense. [Ibid.,
sec. 537.] .
Girl under 18 (unmarried), penalty for permitting in house of prostitution.—
Whoever, being the keeper o f a house of prostitution, or assignation house,
building or premises in this state where prostitution, fornication or concubinage
is allowed or practiced, shall suffer or permit any unmarried female under
the age of eighteen years to live, board, stop or room in such house, building
or premises, shall, on conviction, be imprisoned in the penitentiary not less
than one year nor more than five years. [Ibid ., sec. 167.]
Girl under 18, bringing into State for purposes of prostitution; penalty.—
Whoever shall entice, induce, or procure to come into this State, any unmarried
female under the age of eighteen years, for the purpose of prostitution, forni­
cation or concubinage, or to enter any house of prostitution in this State,
shall, on conviction, be imprisoned in the penitentiary not less than one nor
more than five years. [Ibid., sec. 168.]
Notes.— A b oy un d er 17, g ir l u n d er 18, fo u n d liv in g in a h ou se o f ill fa m e m ay be
a d ju d g ed b y th e ju v e n ile co u rt t o b e a d ep en d en t o r n eg le cte d ch ild , an d i f su ch a
c h ild k n o w in g ly freq u en ts a h ou se o f ill rep u te he m ay be a d ju d g e d to b e d elin q u en t.
[Ib id ., ch. 58, secs. 1 00 a n d 1 03 .]
Employment a g en cies a re fo rb id d e n to send a n y fe m a le h e lp o r s e rv a n t t o a h ou se
o f q u estion a b le rep u te.
[I b id ., ch. 48, sec. 1 92.]
T ra n s p o rtin g g ir ls o r w om en fo r im m ora l p u rp oses, p a n d e rin g , s o licitin g , e tc.
[Ib id .,
ch. 38, secs. 159—1 7 4 .]
IN D E C E N T , L E W D , O R L A S C IV IO U S C O N D U C T W I T H

C H IL D

Child under 15 (boy or girl) ; person 17 or over taking indecent liberties;
penalty— Any person o f the age of seventeen years and upwards who shall
take, or attempt to take, any immoral, improper or indecent liberties with any
child of either sex, under the age of fifteen years, with the intent of arousing,
appealing to or gratifying the lust or passions or sexual desires, either of
such person or of such child, or of both such person and such child, or who
shall commit, or attempt to commit, any lewd or lascivious act upon or with
the body, or any part or member thereof, o f such child, with the intent of
arousing, appealing to or gratifying the lust or passions or sexual desires,
either of such person or of such child, or of both such person and such child,
or any such person who shall take any such child or shall entice, allure or
persuade any such child, to any place whatever for the purpose either of
taking any such immoral, improper or indecent liberties with such child,
with said intent, or of committing any such lewd, or lascivious act upon or
with the body, or any part or member thereof, o f such child with said intent,
shall be imprisoned in the penitentiary not less than one year nor more than
twenty years: Provided, That this act shall not apply to offenses constituting
the crime of sodomy or other infamous crimes against nature, incest, rape or
seduction. [Ibid., sec. 109.]
IN D IA NA
C arn a l k n ow led g e o r a b u s e ; age o f c o n s e n t : C hild un d er 16 (m a le o r fe m a le ) ; p e n a lty .
S e d u c t io n ; p r o s t i t u t i o n :
F em ale u n d er 18, e n ticin g to h ou se o f p r o s titu tio n .
F em a le u n d er 18, p ro cu rin g f o r im m ora l p u rp oses. . .
F em ale un d er 21, sed u ction u n d er p rom ise o f m arriage.
M in or, d isp os in g o f, ta k in g, receiv in g , o r e m p loy in g f o r p u rp oses o f p ro s titu tio n .
B o y un der 16 o r g ir l u n d er 17 fo u n d liv in g in h ou se o f ill fa m e , ju r is d ic tio n o f
ju v e n ile cou rt.
P ro c u rin g fem a le fo r p u rp oses o f p ro s titu tio n .
■'
_
. ,.
.
L ew d , im m ora l, o r la sciv io u s co n d u ct w ith c h i l d : C hild u n d er 2 1 ; p e n a lty f o r in s tig a t­
i n g ’ o r a id in g in s e lf-p o llu tio n .
C A R N A L K N O W L E D G E O R A B U S E — A G E O F C O N SE N T

Child under 16 (male or fem ale), unlawful carnal knowledge; penalty.—
Whoever unlawfully has carnal knowledge o f a * * * male or female child
under sixteen (16) years of age * * * is guilty of rape, and, on conviction,
<ahqii be fined in any sum not exceeding one thousand dollars ( $ 1 , 0 0 0 ) at the

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L A W S R E LA T IN G TO SEX O FFE N SES A G A IN S T CHILDREN'
IN D IA N A —Continued

discretion of the court, and be imprisoned in the state prison not less than five
years nor more, than twenty-one years: Provided, In cases where a female upon
whom the-crime is committed is a child under the age of twelve years, the
punishment shall be imprisonment in the state prison for life. Whoever per­
petrates an assault and battery upon any female person with intent unlaw­
fully to have carnal knowledge of such female person forcibly and against her
will, shall be deemed guilty o f attempted rape and on conviction thereof shall
be fined in any sum not exceeding one thousand dollars ($1,000) and shall be
imprisoned in the state prison not less than five years nor more than twentyone years. [Burns’ Annotated Stats. 1914, sec. 2250, as amended by Laws of

1921, eh. 148, p. 373.]
S E D U C T I O N -P R O S T I T U T I O N

Female under 18; penalty for male person over 17 enticing to enter house of
prostitution.— It shall be unlawful for any male person over the age of seven­
teen years, to cause, encourage or entice, any female-person, other than his
wife, under the age o f eighteen years, to enter or to accompany any such per­
son into a house o f prostitution, assignation, * * * or any other place for
vicious or immoral purposes; and any person so offending shall be guilty of a
felony and shall be tried for such offense in any court o f competent jurisdic­
tion, and upon conviction thereof shall be imprisoned in the state prison not
less than two years, and not more than fourteen years; and the fact that such
a man shall have entered with such a woman any house o f prostitution, assig­
nation, * * * shall constitute prima facie evidence o f criminal intent.

[Burns’ Annotated Stats., 1914, sec. 2356.]
Female under 18, procuring for immoral purposes; penalty.— Whoever in­
duces, decoys, procures or compels any female under eighteen years of age, or
causes any female over eighteen years o f age, against her will, to have sexual
intercourse with any person other than him self; or whoever knowingly permits
any other person to have sexual intercourse with any female o f good repute
for chastity, upon premises owned or controlled by him, shall be fined not less
than ten dollars nor more than five hundred dollars, to which may be added
imprisonment in the county ja il not less than one month nor more than six
months. [Ibid., sec. 2370.]
Female under 21, seduction under promise of marriage.— Any male person
who, under promise of marriage, shall have illicit carnal intercourse with any
female of good repute for chastity, under the age of twenty-one years, shall
be deemed guilty of seduction, and on conviction, shall be imprisoned in the
state prison not less than one year, nor more than five years, and fined not
exceeding five hundred dollars, or be imprisoned in the county jail not ex­
ceeding six months, and fined not exceeding one hundred dollars. [Ibid., sec.

2354. ]
Minor child, disposing of, taking, receiving or employing for purposes of
prostitution; penalty.— * * * any person who, having the care, custody
or control of any minor child shall sell, apprentice, give away or otherwise
dispose of such child, or who shall take, receive or employ such child for
* * * the purpose o f prostitution, and any person who shall retain, har­
bor or employ any minor child in or about any assignation house or brothel,
* * * shall be guilty of a misdemeanor, and upon conviction thereof
before any justice of the peace, mayor, police judge or criminal court shall
be fined not less than ten dollars, nor more than one hundred dollars, to which
may be added imprisonment not exceeding thirty days. [Ibid., sec. 2623.]
Notes.— T h e term “ n eg lected ” ch ild as used in th e ju v e n ile c o u r t a ct in clu d e s a
b o y u n d er 16 o r a g ir l u n d er 17 fo u n d liv in g in a h o u se o f ill fa m e .
[Ib id ., sec. 1 6 4 3 .]
F o r p ro v is io n s re g a r d in g p ro cu rin g a n y fe m a le f o r p u rp o se o f p ro s titu tio n , see secs.
2 35 5 , 2 3 5 6 , a n d 2 3 5 6 a -2 3 5 6 d , in clu siv e.
L E W D , IM M O R A L , O R L A S C IV IO U S C O N D U C T W I T H

C H IL D

Child under 21, penalty for any person instigating or aiding in self-pollu­
tion.— * * * Whoever entices, allures, instigates or aids any person
under the age of twenty-one years to commit masturbation or self-pollution,
shall be deemed guilty of sodomy, and, on conviction, shall be fined not less
than one hundred dollars nor more than one thousand dollars, to which may
be added imprisonment in the state prison not less than two-years nor more
than fourteen years. [Ibid., sec. 2374.]

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L A W S RELATING- TO SEX O FFE N SES A G A IN ST C H IL D R E N

35

IOWA
C arnal k n ow led g e o r a b u s e ; age o f c o n s e n t : F em a le c h ild u n d er 16, a ccu se d un d er 2 5 ;
fe m a le u n d er 17, a ccu sed o v e r 2 5 ; p u n ish m en t.
P ro s titu tio n :
F em ale un d er 18, e n ticin g to p ro s titu tio n .
F em ale u n d er 18 (u n m a r r ie d ), p e rm ittin g to en ter o r rem ain in h ou se o f p r o s titu ­
tio n ; p en a lty .
N otes— •
C hild u n d er 18 fo u n d in o r k n o w in g ly fr e q u e n tin g h ou se o f i l l fa m e , ju r is d ic t io n
o f ju v e n ile cou rt.
F em ale, s o lic itin g o r e n ticin g to o r com p ellin g p ro s titu tio n .
In d ecen t, lew d , o r la sciv io u s co n d u ct w ith c h i l d : C hild u n d er 16, p e n a lty fo r p erson o v e r
18 ta k in g in d ecen t lib erties.
C A R N A L K N O W L E D G E OR A B U S E — A G E O F CON SEN T

Female under 16 years of age, carnal knowledge and abuse; penalty if fe­
male is under 16 and male under 25; if female is under 17 and male over 25.—
I f any person ravish and carnally know any female o f the age o f sixteen
years or over, by force or against her will, or if any person under the age of
twenty-five years carnally know and abuse any female child under the age of
sixteen years, or if any person over the age o f twenty-five years carnally know
and abuse any female under the age o f seventeen years, he shall be imprisoned
in the penitentiary for life or any term o f years. [Code 1924, sec. 12966.]
P R O S T IT U T IO N

Female under 18, enticing to prostitution.— I f any person take or entice
away any unmarried female under the age of eighteen years for the purpose
of prostitution, he shall be imprisoned in the penitentiary not more than five
years, or be fined not more than one thousand dollars and imprisoned in the
county jail not more than one year. [Ibid., sec. 13182.]
Female under 18 ( unmarried), penalty for permitting in house of prostitu­
tion.—Whoever, being the keeper o f a house of prostitution, or assignation
house, building, or premises in this state where prostitution, fornication, or
concubinage is allowed, or practiced, shall suffer or permit any unmarried fe­
male under the age of eighteen years to live, board, stop, or room in such house,
building, or premises, shall, on conviction, be imprisoned in the penitentiary
not less than one year nor more than five years. [Ibid., sec. 18179.]
Notes.— A ch ild u n d er 18 k n o w in g ly fr e q u e n tin g a h ou se o f ill fa m e m ay b e a d ju d g e d
to be d elin q u en t b y ju v e n ile cou rt, a n d on e fo u n d liv in g in su ch p la c e , t o be dep end ent.
[I b id ., secs. 3 6 1 8 -3 6 2 0 .]
T o send o r ca u se s u ch c h ild to b e sen t to h o u se o f p r o s tit u t io n co n s titu te s co n tr ib u tin g
t o h is d elin q u en cy .
[I b id ., secs. 3658—3 6 5 9 .]
T o s o licit, en tice, o r com p el fe m a le t o en g ag e in p ro s titu tio n .
[I b id ., secs. 1 3 1 7 3 1 3 1 8 2 .]
IN D E C E N T , L E W D , O R L A S C IV IO U S

CONDUCT W IT H

C H IL D

Child under 16; penalty for any person over 18 taking indecent liberties.—
Any person over eighteen (18) years of age who shall wilfully commit any
lewd, immoral or lascivious act in the presence, or upon or with the body or
any part or member thereof, of a child of the age of sixteen (16) years, or
under, with the intent o f arousing, appealing to, or gratifying the lust or
passions or sexual desires of such person, or of such child, or of corrupting
the morals of such child, shall be punished by imprisonment in the penitentiary
not more than three (3) years, or by imprisonment in the county jail not
more than six months, or by fine not exceeding five hundred dollars ($500.00).

[Ibid., sec. 13184.]

K AN SAS
C arn a l k n ow led g e o r a bu se ; a g e o f co n se n t : F em a le u n d er 18 ; p e n a lty .

Abduction ; seduction ; prostitution :
F em ale u n d er 18,
F em ale u n d er 18,
F em a le u n d er 18,
o f p ro s titu tio n
p ra ctices.
F em ale un d er 21,

Notes_

a b d u ctin g fo r im m ora l p u rp oses.
d efilem ent b y gu ard ia n .
e n ticin g to p ro s titu tio n ; e n ticin g to, ta k in g o r re c e iv in g in to h ou se
; d isp os in g o f o r u sin g f o r in d ece n t o r im m o ra l p u rp oses o r
sed u ction u n d er p rom ise o f m arriag e.

C hild u n d er Ì 6 fo u n d liv in g in h ou se o f i ll fa m e, ju r is d ic tio n o f ju v e n ile co u rt.
M a le or fem a le, e n ticin g to or p ro cu rin g f o r pu rp oses o f p ro s titu tio n .


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L A W S R E LA T IN G TO SEX O FFE N SES A G A IN ST CH IL D R E N
K A N S A S — C on tin u ed
C A R N A L K N O W L E D G E OR A B U S E — A G E OF C O N S E N T

Female child under 18 years of age, unlawful carnal knowledge; punish­
ment.—Every person who shall be convicted of rape, either by carnally and
unlawfully knowing any female under the age of eighteen years, * * *
shall be punished by confinement and hard labor not less than five years nor
more than twenty-one years. [Rev. Gen. Stat. 1923, sec. 21—424.]
A B D U C T IO N — S E D U C T IO N — P R O S T IT U T IO N

Female under 18, abduction for immoral purposes.—Every person who shall
take away any female, under the age of eighteen years, from her father,
mother, guardian, or other person having legal charge of her person, without
their consent, either for the purpose of prostitution or concubinage, shall upon
conviction thereof be punished by confinement and hard labor for a term not
exceeding five years. [Ibid ., sec. 21-428.]
Female under 18, defilement by guardian or person to whose care and pro­
tection confided.— If any guardian of any female under the age of eighteen
years, or any other person to whose care or protection any such female shall
have been confided, shall defile her by carnally knowing her, he shall, in cases
not in this act otherwise provided for, be punished by confinement and hard
labor not less than two years nor more than twenty-one years, or by imprison­
ment in a county jail not less than six months, and a fine not exceeding one
thousand dollars. [Ibid., sec. 21—909.]
Female under 18, enticing to prostitution; enticing, taking, or receiving into
house of prostitution; disposing of or using for immoral purposes, exhibitions
or practices.—Any person who shall entice, decoy, place, take or receive any
female child or person under the age of eighteen years, into any house of
ill fame or disorderly house, for the purpose of prostitution; or any person
who, having in his custody or control such child, shall dispose of it to be so
received, or to be received in for any obscene, indecent or immoral purpose,
exhibition or practice, when convicted thereof shall be punished by confinement
in the penitentiary for not less than one nor more than two years. [Ibid.,

sec. 38-705.]
Female under 21, seduction under promise of marriage.— I f any male person
shall obtain illicit connection under promise of marriage, with any female of
good repute under twenty-one years of age, he shall upon conviction thereof
be punished by confinement and hard labor in the penitentiary for a term not
exceeding five years: Provided, That the testimony o f the woman alone shall
not be sufficient evidence of a promise o f marriage. [Ibid ,, sec. 21—429.]
Notes.— U n d er th e ju v e n ile co u rt la w a c h ild u n d er 16 fo u n d liv in g in a h ou se o f ill
fa m e m a y b e fo u n d t o b e “ d e p e n d e n t ” o r “ n e g le cte d .”
[I b id ., sec. 3 8 -4 0 2 .]
E n tic in g o r p r o cu rin g fem a le f o r p u rp oses o f p r o s titu tio n .
[I b id ., sec. 2 1 -9 3 7 .]
E n tic in g o r s o lic itin g a n y m a le p erson t o p ro s titu tio n .
[Ib id ., sec. 2 1 -9 4 2 .]
K E N TU C K Y
C arn a l k n ow led g e o r a b u s e ; age o f c o n s e n t : .
F em ale ch ild un d er 12, ca rn a l k n o w le d g e ; p en a lty .
A tte m p t to ra p e in fa n t u n d er 1 2 ; p en a lty .
C h ild u n d er 18 (m a le o r fe m a le ), u n la w fu l ca rn a l k n o w le d g e ; p u n ish m en t i f
c o m p la in in g w itn es s is u n d er 12, 1 2 -1 6 , o r 1 6 -1 8 .
P ro c e d u re i f d e fe n d a n t is
u n d er 18 (fe m a le ) o r u n d er 17 (m a le ). P u n ish m e n t f o r d e fe n d a n t 17—21 (m a le )
o r 18—21 (fe m a le ).
D efe n se i f co m p la in in g w itn e s s is o v e r 16 an d d e fe n d a n t
u n d er 21.
A b d u ctio n ; sed u ction ; p ro s titu tio n :
G irl u n d er 14, a b d u ction .
F em a le u n d er 21, sed u ction u n d er p rom ise o f m arriag e.
F e m a le u n d er 21 (u n m a r r ie d ), e n ticin g to p ro s titu tio n .
F e m a le u n d er 16, a d m ittin g to h ou se o f p r o s titu tio n .
N otes—
B o y un der 17, g irl u n d er 18, k n o w in g ly v is itin g o r en terin g , o r fo u n d in h ou se
o f ill fa m e, ju r is d ic tio n o f ju v e n ile cou rt.
F em ales, tra ffic in f o r im m ora l p u rp oses.
CARN AL KNOW LEDGE

OR

ABUSE— AGE

OF

C O N SE N T

Female child under 12 years of age, carnal knowledge; penalty.—Whoever
shall be guilty of the crime of rape upon the body of an infant under twelve
years of age shall be punished with death, or with confinement in the peni­
tentiary for life, in the discretion of the jury. [Stats. 1922 (Carroll’s), sec.

1152.]

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37

Attempt to rape infant under 12; penalty.— Whoever shall attempt to com­
mit rape upon the body o f an infant under twelve years of age shall be con­
fined in the penitentiary not less than five nor more than twenty years. [ Ibid.,

sec. 1158.]
Child under 18 years of age (male or fem ale), unlawful carnal knowledge;
if under 12, 12 to 16, 16 to 18, penalty for offender. Procedure if defendant is
under 18 ( female) or under 11 {m ale). Punishment for defendant 11 to 21
(male) or 18 to 21 (fem ale). Defense if complaining witness is*over 16 and
defendant under 21.—Every male person who shall carnally know, with her
consent, any female child, not his wife, under the age of eighteen years, and
every female person who shall carnally know any male child under the age
of eighteen years, not her husband, shall be punished as follow s:
(1) When such child is under the age of twelve years, by imprisonment
in the State penitentiary for not less than twenty nor more than fifty years, or
by death, in the discretion o f the jury.
(2) When such child is of the age of twelve years and under the age of
sixteen years, by imprisonment in the State penitentiary for not less than five
years nor more than twenty years.
(3) When such child is of the age of sixteen years and under the age o f
eighteen years, by imprisonment in the State penitentiary for not less than
two years nor more than ten years.
(4) Any female under the age of eighteen years and any male under the
age of seventeen years, charged with a violation of any of the provisions of
this act, shall be dealt with and proceeded against as are other juvenile de­
linquents, under the provisions of section 331e, Kentucky Statutes.
(5) Any male person of the age of seventeen years and under twenty-one
years and any female person of the age of eighteen and under the age o f
twenty-one convicted of a violation of any of the provisions of this act, shall
be punished by a fine not exceeding five hundred dollars and not as provided,
in sub-sections one, two, three and four of this act.
(6) When any complaining witness is over the age of sixteen years and
the defendant being under the age o f twenty-one years, the court or jury is
authorized to hear testimony in aggravation or mitigation of said charge.
(7) Any female under the age of eighteen years and any male under the
age of seventeen years, charged with violation of any o f the provisions of
this act, may be dealt with and proceeded against as are other juvenile
delinquents under the provisions of section three hundred and thirty-one-c,
[three hundred and thirty-one-e] Kentucky Statutes. This act shall in no
way affect sections one thousand one hundred and fifty-one, one thousand one
hundred and fifty-four, one thousand one hundred and fifty-eight or one thou­
sand two hundred and fourteen of Kentucky Statutes. [Stats. 1922 (Car-

roll’s), sec. 1155 as amended by Laws of 1922, ch. 17.]
A B D U C T IO N — S E D U C T IO N — P R O S T IT U T IO N

Girl under 1J), abduction.— Whoever being above the age of fourteen years,
shall unlawfully take, without her consent, any unmarried girl under the age
of fourteen years, out of the possession of her father, mother, or other person
having the lawful custody and charge of her, against the will and consent of
such person, shall be confined in the penitentiary from one to two years, or
fined from one to five hundred dollars ($500.00), or both, at the discretion
of the jury. [Ibid ., sec. 1156.]
Female under 21, seduction under promise of marriage.— Whoever shall,
under promise of marriage, seduce and have carnal knowledge of any female
under twenty-one years of age, shall be guilty of a felony and, upon conviction
thereof, shall be confined in the penitentiary not less than one year nor more
than five years. No prosecution shall be instituted where the person charged
shall have married the girl seduced, or offer and be willing to marry her,
unless he shall wilfully and without such cause as constitutes a statute
ground of divorce to the husband, abandon or desert her within three years
after the date of the marriage, and any prosecution instituted shall, upon the
request of the defendant, be suspended if the party accused marry the girl
seduced before final judgment; but the prosecution shall be renewed and
proceed as though no marriage had taken place if the accused shall wilfully
and without such cause as constitutes a statutory ground of divorce to the
husband abandon or desert his wife within three years after the marriage.
All prosecutions under this section shall be instituted within four years after
the commission of the offense. [Ibid., sec. 1214.]

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L A W S R E LA T IN G TO SEX O FFE N SES A G A IN ST CH IL D R E N
KENTUCKY— Continued

Female under 21 ( unmarried), enticing to prostitution.— Any person who
shall be found guilty of inducing, persuading, aiding or abetting, or enticing
any female who has never been married, under the age of twenty-one years,
to enter a house of ill fame, house o f prostitution, assignation or bawdy
house, whereby such female so induced» persuaded, aided or enticed, shall
be seduced and lose her virtue, shall, upon indictment and conviction, be con­
fined in the'penitentiary not less than two nor more than five years. [Ibid.,

sec. 1215.]
Female under 16, admitting to house of prostitution a felony.— Any person
who shall admit to their house, or who shall take or direct to any house, for
the purpose of prostitution, or lewdness, any female under the age of sixteen
years shall be deemed guilty of a felony and upon conviction thereof be con­
fined in the penitentiary for a period of not less than one year or more than
five. [Ibid., sec. 1215a.]
Notes.— B o y u n d er 17, g ir l u n d er 18, w h o k n o w in g ly v is its o r en ters h ou se o f ill
rep u te m ay be a d ju d g ed b y the ju v e n ile co u rt to be a “ d e lin q u e n t ” ch ild , and such
a c h ild fo u n d liv in g in hou se o f ill fa m e m ay he a d ju d g e d t o be “ d e p e n d e n t ” o r
“ n eg lected .”
[S ta t . 1922, sec. 331 e - 1 .]
F o r p ro v is io n s re g a r d in g secu rin g , tr a n s p o r tin g , a n d s o fo rth , a n y fe m a le f o r im ­
m ora l purpose®, see s e ctio n s 1215b—1 t o 1 2 1 5 b -3 , in clu s iv e [.L aw s o f 1916, ch. 4 9 ] ,
LOUISIANA
C a r n a l k n ow led g e o r abu se ; age o f co n se n t :
F em a le b etw een 12 an d 18 (u n m a rr ie d ) ; a ccu sed o v e r 17 ; p e n a lty .
N ote— P u n ish m en t fo r rape.
In d ecen t, lew d , o r la sciv io u s co n d u ct w ith c h ild : C h ild u n d er 16 (m a le o r fe m a le ) ;
p en a lty .
P r o s titu tio n :
—F em a le u n d er 18 (u n m a r r ie d ), p erm itted t o b e in h ou se o f p r o s t it u t io n ; p en a lty .
N otes—
W om en an d g irls , tra ffic in fo r im m o ra l p u rp oses.
C h ild u n d er 17 fo u n d liv in g in hou se o f p r o s titu tio n , ju r is d ic t io n o f ju v e n ile
cou rt.
C AR N AL K N O W LE D G E OR A BU SE— AG E

O F C O N SE N T

Female between 12 and 18 ( unmarried), carnal knowledge by male over
17; punishment.— I f any person over the age of 17 years shall have carnal
knowledge of any unmarried female between the ages o f 12 and 18 years,
with her consent, he shall be deemed guilty of a felony and upon conviction
thereof, shall be punished by imprisonment with or without hard labor not
exceeding five years ; provided, nothing in this Act shall affect the crime of
incest. [W olff’s Stats. 1920, p. 398 (Laws of 1912, Act 192, p. 380).]
Note.— R a p e is p u n ish a b le b y d ea th . (S ee W o lff’ s S ta ts. 1920, p. 3 89 ; R ev. S ta ts,
sec. 7 87 as am en d ed b y L a w s o f 1878, A c t 24, p. 4 6 .)
IN D E C E N T , L E W D , O R L A S C IV IO U S C O N D U C T W I T H C H IL D

Child undr 16 (male or fem ale), indecent assault upon or indecent liberties
taken with; punishment.— Whoever, with or without his or her consent, shall
indecently assault or take any indecent liberties with any child, whether male
or female, under the age of 16 years ; or who, without his or her consent, shall
indecently assault or take indecent liberties with any person, over the age
of 16 years, shall be deemed guilty o f an indecent assault and upon convic­
tion, be fined not over one thousand dollars and be imprisoned, with or with­
out hard labor, not exceeding ten years, or both ; provided, that nothing in
this Act shall be taken to affect or repeal the laws now in existence against
rape, assault with intent to commit rape, carnal knowledge, sodomy, crime
against nature, abduction or incest; provided, further, that nothing in this
Act shall be taken to affect the punishment or mode of procedure in any
case heretofore committed and now pending in any court. [Ibid., p. 399
(Laws of 1912, Act 202, p. 397).]
P R O S T IT U T IO N

Female under 18 (unmarried), punishment for permitting in house of
prostitution.—Whoever, being the keeper of a house of prostitution or assigna­
tion house, building or premises in this State, where prostitution, fornication
or concubinage is allowed or practiced, shall suffer or permit any unmarried
female under the age of eighteen years, to live, board, visit, stop or room in'
such building, house or premises, shall, on conviction, be sentenced to impris
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39

onment at the discretion of the court for a term of not less than one month
or more than one year, with or without hard labor. [W olff’s Stats. 1920,

p. 1714 (Acts of 1910, Act 167, p. 251).]
Notes.— U n d er the ju v e n ile c o u r t la w a ch ild un der- 17 y e a rs o f a ge fo u n d liv in g
in a h ou se o f p ro s titu tio n m ay b e deem ed t o he d elin q u e n t.
[A c t s o f 1921 (.extra
s e s s io n ), N o. 83, p. 128, sec. 6 ; N o. 126 , p. 317 , sec. 4 .]
.
„
F o r fu r th e r p ro v is io n s re g a r d in g th e tra ffic in w om en a n d g ir ls f o r im m o ra l p u r­
poses, see W o lff’s S ta ts. 1920, pp. 1 7 1 1 -1 7 1 3 , th e sam e b ein g tak en fro m A c t s o f 1918,
A c t 118, p. 189 (s o lic it in g ) ; A c t s o f 1910, A c t 307 , p. 5 24 (p a n d e rin g , tra n s p o r tin g fo r
im m ora l p u rp oses a n y w om a n o r g ir l) ; A c t s o f 1910, A c t . 288 , p. 4 89 (d e ta in in g fe m a le
in h ou se of p r o s tit u t io n ): A c t s o f 1906, A c t 10, p. 17 (d e ta in in g w o m a n a g a in s t h e r
w ill) ; A cts o f 1910, A c t 295 , p. 4 9 9 (e n t ic in g fro m a n oth er S t a t e ).
M AIN E
C arn a l k n ow led g e o r a b u s e : a ge o f c o n s e n t :
F em a le c h ild u n d er 1 4 ; p en a lty .
F em a le c h ild u n d er 14, a ssa u lt w ith in t e n t to r a p e ; p e n a lty .
F em a le b etw een 14 a n d 1 6 ; a ccu sed o v e r 1 8 ; p en a lty .
In d e cen t, lew d , o r la s c iv io u s c o n d u ct w it h c h i l d :
. . ■
. ...
..
C hild u n d e r 16 (m a le o r fe m a le ) ; p erson 21 o r m ore ta k in g in d e ce n t lib e r tie s
p en a lty .
P ro s titu tio n :
C hild u n d er 16, p e n a lty f o r a d m ittin g to d iso r d e r ly h ou se.
N otes—
F em ales, tra ffic in f o r im m o ra l p u rp oses.
F em ales, em p lo y m en t a gen cies fo rb id d e n to sen d to h o u se o f p r o s tit u t io n .
C A R N A L K N O W L E D G E OR A B U S E — A G E O F C O N SEN T

Female child under 14 years of a ge; unlawful carnal knowledge and abuse;
penalty.—Whoever * * * unlawfully and carnally knows and abuses a fe­
male child under fourteen years of age, shall be punished by imprisonment for
any term of years. [Rev. Stats. 1916, ch. 120, sec. 16.]
Female under 14; assault with intent to rape; penalty.—Whoever assaults a
female of fourteen years of age or more, with intent to commit a rape, shall
be punished by imprisonment not exceeding ten years, or by fine not exceeding
five hundred dollars. If such assault is made on a female under fourteen years,
such imprisonment shall be for not less than one, nor more than twenty years.
[Ibid., sec. 22.]
Female between 14 and 16 years of a ge; carnal knowledge; accused over 18;
penalty.—Whoever, being more than eighteen years of age, has carnal knowl­
edge of the body of any female child, between the ages of fourteen and six­
teen years, shall be punished by fine not exceeding five hundred dollars or
by imprisonment for not more than two years. The provisions o f this sec­
tion shall not apply to cases of rape as defined in section sixteen of this
chapter. [Ibid., sec. 27 as amended by Laws of 1917, ch. 106, p. 82.]
IN D E C E N T , L E W D , O R L A S C IV IO U S C O N D U C T W I T H C H IL D

Child under 16 (male or fem ale), penalty for person over 21 taking indecent
liberties or indulging in immoral practices.—Whoever, being twenty-one years
or more of age, takps any indecent liberty or liberties, or indulges in any
indecent or immoral practice or practices, with the sexual parts or organs of
any other person, male or female, under the age of sixteen years, either with
or without the consent of such male or female person, shall, upon conviction
thereof, be punished by imprisonment at hard labor, for not less than one,
nor more than ten years. [Ibid., ch. 126, sec. 6.]
P R O S T IT U T IO N

Child under 16, admitting to or allowing in disorderly house.— Whoever ad­
mits or allows'to remain in any disorderly house, house of ill fame, * * * or
other place injurious to health or morals, owned, kept, maintained, managed
or controlled by him in whole or in part, any child under the age o f sixteen
years, shall be punished by a fine not exceeding one hundred dollars or by
imprisonment not exceeding sixty days. [Ibid., ch. 120, sec. 30.]
Notes.— P ro c u rin g , tr a n s p o r tin g , o r o th e rw is e tra ffick in g in fe m a le s f o r im m o ra l
p u rp oses.
[R e v . S ta t. 1916, ch . 126, secs. 1 2 -2 1 , in c lu s iv e ; L a w s o f 1919, ch. 112.1
E m p loy m en t a g e n c y fo rb id d e n to send fe m a le h e lp o r s e rv a n t t o q u e stio n a b le p la ce
o r h o u se o f ill fa m e o r p r o s tit u t io n .
[I b id ., ch . 42, sec. 10.J


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L A W S R E LA T IN G TO SEX OFFE N SES A G A IN ST C H IL D R E N
M ARYLAND

C arn a l k n ow led g e o r a b u s e ; a ge o f c o n s e n t :
F em ale ch ild u n d er 1 4 ; p e n a l t y ; a ssa u lt w ith in te n t t o h a ve ca rn a l k n o w le d g e ;
p en a lty .
F em a le b etw een 14 an d 1 6 ; a ccu sed o v e r 1 8 ; p en a lty .
A b d u c t io n ; p r o s t i t u t i o n :
F em ale u n d er 18, a b d u ctin g f o r im m ora l p u rp oses.
N ote— W om en an d g ir ls , tra ffic in fo r im m ora l p u rp oses.
C A R N A L K N O W L E D G E O R A B U S E — A G E O F C O N SE N T

Female child under 14, carnal knowledge and abuse; penalty.— I f any per­
son shall carnally know and abuse any woman child under the age of fourteen
years, * * * , every such carnal knowledge shall be deemed felony, and
the offender being convicted thereof shall at the discretion of the court suffer
death or imprisonment for life in the penitentiary, or for a definite period,
not less than eighteen months nor more than twenty-one years. [B agby’s
Annotated Code, Y ol. I l l , art. 27, sec. 421.]
Female between 14 and 16, unlawful carnal knowledge; accused over 18:
penalty.— I f any person shall carnally know any female not his wife between
the ages of fourteen and sixteen years, such carnal knowledge shall be deemed
a misdemeanor and the offender being convicted thereof shall be punished by
imprisonment in the house of correction for a term not exceed ng two years,
or be fined in a sum not exceeding five hundred dollars, or be both fined and
imprisoned in the discretion of the cou rt; provided, that nothing in this sec­
tion contained shall be construed to affect or interfere with the law relating
to the crime of rape as now in force in this State; and provided further, that
this section shall not apply to male persons under the age of eighteen years.
[Ib id ., sec. 422.]
Female child under 14, assault with intent to have carnal knowledge; pen­
alty.—Every person convicted of crime of an assault with intent to * * *
have carnal knowledge of a female child under age of fourteen years, shall
be sentenced to confinement in the penitentiary for not less than two years,
nor more than ten years; and every person convicted of the crime of an as­
sault with intent to commit a rape shall be punished with death, or, in the
discretion of the court, he shall he sentenced to confinement in the penitentiary
for not less than two years nor more than twenty y e a r s * * * [Ib id .,
sec. 17.]
A B D U C T IO N — P R O S T IT U T IO N

Female under 18, abducting for immoral purposes.— Any person who shall,
for purposes of prostitution, fornication or concubinage, forcibly abduct from
her home or usual place of abode or from the custody and control of her par­
ent or parents or guardian any female under the age of eighteen years, or be
accessory thereto, or who shall for said purpose, persuade or entice from her
usual place of abode, or from the custody and control of her parent or parents
or guardian, any such female, or be accessory thereto, or shall knowingly se­
crete or harbor any such female so abducted, persuaded or enticed as afore­
said, against the consent of her parent or parents or guardian, or the person
or persons who may have temporary care, custody or control of such female,
or be accessory thereto, shall, upon conviction, be deemed guilty of a misde­
meanor, and shall undergo imprisonment in the penitentiary, in the discre­
tion of the court, not exceeding the term of eight years; provided, that nothing
contained in this section shall apply to cases pending nor to violations of the
law which have heretofore occurred, but all cases and violations shall be pros­
ecuted as if the law hereby repealed were still in force. [Ib id ., sec. 1.]
Note.— S o licitin g , tra n s p o rtin g , or oth erw is e tra ffick in g in w om en and g irls f o r im ­
m ora l purp oses.
[C od e, vol. 3, a rt. 2.7, secs. 3 7 9 -3 8 6 (L a w s o f 1910, ch. 2 5 ) ; v o l. 4,
a rt. 27, secs. 4 6 5 A a n d 4 6 5 B (L a w s o f 1918, ch. 8 3 ) ; L a w s o f 1£20, ch . 7 37 (w h ic h
repeals an d reen acts a rt. 27, sec. 1 9 .).]
M A SSA C H U SE TTS
C arn a l k n ow led g e o r a b u s e ; a ge o f c o n s e n t :
F em ale c h ild u n d er 1 6 ; p en a lty .
A ss a u lt w ith in te n t to r a p e ; p en a lty .
C arn a l kn ow ledg e, fu r th e r p ro te ctio n fo r c h ild r e n : C h ild u n d er 18 ( o f eith er s e x ),
e n ticin g to u n la w fu l in t e r c o u r s e ; p en a lty .
A b d u ctio n ; sed u ction ; p r o s titu tio n :
N ote— W om a n or g irl, a b d u ctin g or p ro cu rin g fo r pu rp oses o f p ro s titu tio n .
P riv a te hea rin g s w h en ch ild ren a re in v o lv e d in sex o ffe n s e s : C o m p la in in g w itn ess un der
17, p riv a te hea rin g.


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LAWS RELATING TO SEX OFFENSES AGAINST CHILDREN
CARN AL KNOW LEDGE

OR ABUSE— A G E OF

41

C O N SE N T

Female child under 16 years of age, unlawful carnal knowledge and abuse;
penalty.—Whoever unlawfully and carnally knows and abuses a female child
under sixteen shall be punished by imprisonment in the state prison for life
or for any term of years, or, except as otherwise provided, for any term in any
other penal institution in the commonwealth. [General Laws 1921, eh. 265,
sec. 28.]
Assault with intent to rape; penalty.—Whoever assaults a female with in­
tent to commit a rape shall be punished by imprisonment in the state prison
for life or for any term of years or by a fine of not more than one thousand
dollars and imprisonment in jail for not more than two and one-half years.

[Ibid ., sec. 24.]
A B D U C T IO N — S E D U C T IO N — P R O S T IT U T IO N

Child under 18 (male or female of chaste life), enticing to unlawful inter­
course.—Whoever induces any person under eighteen u f chaste life to have un­
lawful sexual intercourse shall be punished as provided in the preceding
section.7 [Gen. Laws of 1921, eh. 272, sec. 4.]
Note.— A b d u ctin g w om a n o r g ir l fo r th e p u rp ose o f p ro s titu tio n , p ro cu rin g f o r o r
d e ta in in g in h ou se o f p ro s titu tio n .
[I b id ., ch. 272, secs. 2, 3, 6, 12, an d 1 3 .]
P R IV A T E

H E A R IN G S

W HEN

C H IL D R E N

ARE

IN V O L V E D

IN

SEX

OFFEN SES

Protection for complaining untnesses under I f years of age at trials for
crimes involving sex.—At the trial o f a complaint or indictment for rape,
incest, carnal abuse or other crime involving sex, where a minor under seven­
teen years of age is the person upon, with or against whom the crime is al­
leged to have been committed, or at the trial of a complaint or indictment for
bastardy, where the mother o f the child whose paternity is in question is such
a minor, the presiding justice, shall, if said trial is before a district court, or
may, if before the superior court, exclude the general public from the court
room, admitting only such persons as may have a direct interest in the case.

[Laws of 1923, ch. 251, adding sec. 16A to ch. 278 of the Gen. Laws.]
MICHIGAN
C arnal k n ow led g e o r a b u s e ; a ge o f c o n s e n t : F em a le u n d er 1 6 ; p en a lty .
In d ecen t, lew d , o r la sciv io u s co n d u ct w ith c h i l d :
F em ale ch ild u n d er 14, in d ecen t a ss a u lt u p on w ith o u t c o m m ittin g o r in te n d in g
to co m m it ra p e ; in d ic t m e n t ; p en a lty .
M a le ch ild u n d er 15 d ebau ched b y fem a le o v e r 15 y ea rs o f age.
M ale ch ild u n d er 15 deb au ch ed b y m ale p erson o v e r 15 y e a rs o f age.
A b d u ctio n ; sed u ction ; p ro s titu tio n :
F em ale u n d er 16, a b d u ctin g f o r im m ora l p u r p o s e s ; p en a lty .
F em ale u n d er 18, s ed u ction b y g u a r d ia n ; p en a lty .
F em ale 17 or under., p e rm ittin g in h ou se o f p r o s t i t u t i o n ; p e n a lty .
C hild u n d er 17 (m a le o r fe m a le ), also s t u d e n t ; p e n a lty f o r p e rm ittin g in h ou se
o f p r o s titu tio n .
N otes —
C hild w ith in ju v e n ile -co u rt a ge fo u n d liv in g in o r k n o w in g ly v is itin g o r e n te r­
in g h ou se o f ill fa m e.
F em ales, tra ffic in fo r im m ora l p u rp oses.
A n y p erson a p p ly in g fo r em p loy m en t, em p loy m en t a g e n cy m ay n o t send to
h ou se o f p r o s titu tio n .
C AR N AL KN O W LED G E OR A BU SE — A G E

O F C O N SE N T

Female under 16, unlawful carnal knowledge and abuse; penalty.— I f any
person shall * * * unlawfully and carnally know and abuse any female
under the full age of sixteen years, he shall be punished by imprisonment in
the state prison for life, or for any such period as the court in its discretion
shall direct, and such carnal knowledge shall be deemed complete upon proof
of penetration only. [Comp. Laws 1915, ch. 256, sec. 15211.]
7 Im p rison m en t in S ta te p rison fo r n o t m ore th a n th ree year-s o r in ja i l o r house
o f co r re ctio n fo r n o t m ore th a n tw o an d o n e -h a lf y ea rs o r b y a fln^ o f n o t m o re
th a n $1,000, o r b y b o th su ch fine a n d im p rison m en t in ja il o r h ou se o f co r re ctio n .
[G en . L a w s 1921, ch . 272 , sec. 3.1


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L A W S R E LA T IN G TO SEX O FFE N SES A G A IN ST CH IL D R E N
MICHIGAN— C on tin u ed
IN D E C E N T , L E W D , O R L A S C IV IO U S C O N D U C T W I T H

C H IL D

Female child under Ilf, indecent assault upon ivithout committing or intend­
ing to commit rape.— I f any male person or persons over the age of fourteen
years shall assault a female child under the age o f fourteen years, and shall
take indecent and improper liberties with the person of such child, without
committing or intending to commit the crime of rape upon such child, he shall
be deemed a felonious assaulter, and on conviction thereof shall be punished by
imprisonment in the state prison not more than ten years, or by fine not exceed­
ing one thousand dollars, or both such fine and imprisonment, in the discretion
of the court. [Ibid., sec. 15503.]
Same, indictment in case of above offense; penalty.— Any indictment or in­
formation charging any person or persons with rape, or an attempt to commit
a rape, upon any female, if such female shall be at the time such offense is
claimed to have taken place, under the age o f fourteen years, may also contain
a count charging such person or persons to be a felonious assaulter under sec­
tion one of this act [sec. 15503]; and the jury who shall try such cause
may convict of either offense, and may find all or any of the persons indicted
or informed against guilty of either of the offenses charged in such indictment
or information. [Ibid ., sec. 15501.]
Male child under 15 debauched by female over 15 years of age.—Any female
person over the age of fifteen years, who shall knowingly and wilfully debauch
the person and deprave the morals o f any boy under the age of fifteen years,
either by lewdly inducing or enticing any such boy to carnally know any such
female person, or by indecent bodily contact with the person of any such boy
communicating to him any venereal or other loathsome disease, shall be deemed
guilty of a felony, and, upon conviction thereof, be punished by imprisonment
in the state prison for not more than five years, in the discretion of the court.
[Ibid., sec. 15509.]
Male child under 15, debauched by male person over 15 years of age.— Any
male person over the age o f fifteen years who shall debauch and deprave the
morals of any boy under fifteen years of age, by enticing or soliciting such
boy to commit the abominable and detestable crime against nature, either with
any man or beast, or who shall himself commit or attempt to commit the
abominable and detestable crime against nature with or upon any such boy,
whether with or without the consent o f such boy, shall be deemed guilty of a
felony, and upon conviction thereof be punished by imprisonment in the state
prison for not more than five years, in the discretion of the court. [Ibid., sec.
15510.]
A B D U C T IO N — S E D U C T IO N — P R O S T IT U T IO N

Female under 16, abducting for immoral purposes.—Every person who
shall take or entice away any female under the age of sixteen years, from
her father, mother, guardian, or other person having the legal charge o f her
person, without their consent, either for the purpose of prostitution, concubinage,
or marriage, shall be punished by imprisonment in the state prison not ex­
ceeding three years, or by imprisonment in a county jail_ not exceeding one
year, or by a fine not exceeding one thousand dollars. [Ibid., sec. 15215.]
Femade under 18, seduction by guardian or other person to whose care
confided.—I f any guardian o f any female under the age of eighteen years or
any other person to whose care or protection any such female shall have been
confided shall defile her by carnally knowing her while she remains in his
care, custody or employment he shall in any case not otherwise provided for
be punished by imprisonment in the State prison for a term not exceeding ten
years, or by a fine not exceeding one thousand dollars, or by both such fine
and imprisonment in the discretion o f the court. [Supp. of 1922, sec. 15226
( 1 ) : 1917, No. 170.]
Female of 17 or under not permitted in house of prostitution.— It shall be
unlawful for any person or persons, for any purpose whatever, to take or con­
vey to, or to employ, receive, detain, or suffer to remain in any house of
prostitution, house of ill fame, bawdy-house, house o f assignation, or in any
house or place for the resort of prostitutes or other disorderly persons, any
Jfemale of the age of 17 years or under. [Comp. Laws 1915, sec. 15516.]
Violation of above; punishment.— Any person who shall violate any of the
provisions of this act shall upon conviction thereof be punished by a fine of
not more than one hundred dollars or by imprisonment in the county jail not


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LAW S

R E L A T IN G

TO

SEX

OFFEN SES

A G A IN S T

C H IL D R E N

43

exceeding ninety days, and in case of the non-payment of such fine when
imposed, the court may make a further sentence that the offender be im­
prisoned in the county jail for a definite period of time not exceeding ninety
days, unless said fine shall be sooner paid. [Ibid., sec. 15517.]
Child under 17 (male or female) or minor student; penalty for permitting
in house of prostitution.— No minor child under seventeen years of age, nor
any minor who is a student in any public, private or parochial school in the
state of Michigan, shall be permitted to remain in any * * * house of
prostitution * * *. Any proprietor, keeper, or manager of any such place
who shall permit such minor child or minor student to remain in any such
place, and any person who shall encourage or induce in any way such minor
child or minor student to enter such place or to remain therein shall be
deemed guilty of a misdemeanor, and on conviction thereof shall be punished
by a fine of not less than twenty-five dollars nor more than fifty dollars, or
by imprisonment in the county jail not less than ten days nor more than
thirty days, or both such fine and imprisonment in the discretion of the
court. [Ibid., sec. 7223.]
Notes.— A ch ild u n d er 17 fo u n d liv in g in hou se o f ill fa m e m ay be a d ju d g e d b y
th e ju v e n ile c o u r t to be a n eg lected ch ild , and on e u n d er 17 w h o k n o w in g ly v is its
o r en ters a h ou se o f ill rep u te m ay be a d ju d g e d to be d elin q u en t.
[C o m p . L a w s 1915,
sec. 2011 as am ended b y A cts o f 1923, ch. 1 0 5 .]
P ro c u rin g , tra n s p o r tin g , o r o th e rw is e tra ffick in g in fem a le s f o r im m o ra l p u rp oses.
[C o m p . L a w s 1915, secs. 1 5 4 9 4 -1 5 5 0 0 ; an d Supp. 1922, secs. 1 5 5 0 0 (1 ) an d 1 5 5 0 0 ( 2 ) .]
E m p loy m en t a gen cies a re fo rb id d e n t o send a n y p e rs o n a p p ly in g f o r e m p loy m en t to
a h ou se o f p r o s titu tio n o r im m ora l re s o rt.
[I b id ., sec. 5 4 2 1 .]
M IN N E S O TA
C arn a l k n ow led g e o r a b u s e ; a ge o f c o n s e n t :
F e m a le u n d er 18, p u n ish m en t fo r a ccu sed w h en su ch ch ild is un d er 10, 1 0 -1 4 ,
1 4 -1 8 .
A ccu sed u n d er 14, p r o o f req u ired .
In d e ce n t, lew d , o r la sciv io u s c o n d u c t w ith c h i l d : F em ale ch ild un d er 14, in d e ce n t a ssa u lt
upon.
A b d u c t io n ; p r o s t it u t io n :
F em ale u n d er 18, a b d u ctin g fo r im m ora l p u rp oses.
B o y un d er 18, s o lic itin g to h ou se o f p r o s t it u t io n ; p en a lty .
B o y u n d er 18, a d m ittin g to h ou se o f p ro s titu tio n o r co h a b itin g w i t h ; p en a lty .
Notes***
M essen ger un d er 18, sen d in g to h ou se o f p ro s titu tio n p roh ib ited .
A n y fem a le, p ro cu rin g o r tra n s p o r tin g fo r p u rp oses o f p ro s titu tio n .
CARN AL K N OW LEDG E OR ABUSE— AGE

O F C O N SE N T

Female child under 18 years of age, carnal knowledge and abuse; punish­
ment if such child is under 10, 10-14, 14-18.— Every person who shall carnally
know and abuse any female child under the age of eighteen years shall
be punished as follow s:
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 o f fourteen years, by imprison­
ment 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 im­
prisonment in the county jail for not more than one year. [Gen. Stats. 1913,

sec. 8656.]

Accused under 14, proof required.—No conviction for rape shall be had
against one under the age o f fourteen years at the time of the alleged act,
unless his physical ability to accomplish penetration is proved as an inde­
pendent fact, beyond a reasonable doubt. In all cases of rape any sexual
penetration, however slight, is sufficient to complete the crime. [Ibid., sec.

8657.]
IN D E C E N T ,

LEW D,

O R L A S C IV IO U S

CONDUCT

W IT H

C H IL D

Female child under 14, indecent assault.—Every person who shall take any
indecent liberties with or on the person o f 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


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L A W S R E LA T IN G TO SEX O FFE N SES A G A IN ST CH IL D R E N
MINNESOTA— Continued

to whether she shall consent to the same or not, shall be guilty of a felony.*
[Ibid ., sec. 8668.]
A B D U C T IO N — P R O S T IT U T IO N

Female under 18, abduction.—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 o f her father,
mother, guardian, or other person having legal charge of her person, for
the purpose of marriage;

*

*

*-

*

*

*

*

4.
Being parent, guardian, or other person having legal charge of the person
of a female under the age o f 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.

[Ibid., sec. 8659.]

Boy under 18, penalty for soliciting such child to house o f prostitution.—
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 o f eighteen years
and any female of dissolute character or any inmate of any house of ill
fame or assignation, shall be guilty o f a felony, and upon •conviction thereof
shall be punished by imprisonment for not less than six months nor more
than five years. [Ibid., sec. 8664.]
Boy under 18, admitting to house of prostitution; penalty for admitting and
for cohabiting unth such boy.-—Any keeper of any house of ill fame or assig­
nation who shall for any unlawful purpose admit to such house any boy
under the age of eighteen years, or any female inmate o f any such house of
ill fame or assignation who shall cohabit with any boy under the age o f
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. [Ib id ., sec. 8665.]
Notes.— ¡Sending a m essenger u n d er 18 y ea rs o f age t o a n y kn ow n hou se o f p r o s titu ­
tio n is p roh ib ited .
[I b id ., sec. 8 6 8 2 .]
P ro c u rin g o r t r a n s p o r tin g a n y fem a le f o r p u rp oses o f p ro s titu tio n .
[Ib id ., secs.
8 6 6 0 -8 6 6 1 .]
MISSISSIPPI
C arn a l k n ow led g e o r a b u s e ; age o f c o n s e n t :
F em ale ch ild u n d er 1 2 ; p en a lty .
F em ale b etw een 12 an d 18 (u n m a rried a n d o f p rev io u s ch a ste ch a r a c te r ) ; p en a lty .
A ss a u lt w ith in te n t to ra p e a n y fe m a l e ; p en a lty .
In d e ce n t, lew d , o r la sciv io u s co n d u ct w ith ch ild : F em ale u n d er 1 3 ; p e n a lty f o r m ale
p erson o v e r 18.
„
A b d u c t io n ; p r o s t i t u t i o n : F em ale ch ild u n d er 14, a b d u ctin g fo r im m o ra l p u rp oses.
C A R N A L K N O W L E D G E OR A B U S E -----A G E O F C O N S E N T

Female child under 12 years of age, unlawful carnal knowledge; penalty.—
Every person who shall be convicted of rape, either by carnally and unlawfully
knowing a female child under the age of twelve years, * * * shall suffer
death, unless the jury shall fix the imprisonment in the penitentiary for life,
as it may do in case of murder. In all cases where the female is under the
age of twelve years it shall not be necessary to prove penetration of the
female’s private parts where it is shown the private parts of the female have
been lacerated or torn in the attempt to have carnal knowledge of her:

[Annotated Code 1917 (Hemingway’s), sec. 1092 (Laws of 1908, eh. 171,
sec. 1).]
8 The punishment for felony when not fixed by statute is imprisonment in State
prison or in county jail for not more than 7 years, or fine of not more than $1,000,
or both. [Gen. Stats. 1913, sec. 8481.]


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L A W S R E LA T IN G TO SEX O FFE N SES A G A IN ST C H IL D R E N

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Female between 12 and 18 ( unmarried and of previous chaste character),
unlawful carnal knowledge.—Any male person who shall have carnal knowledge
of any unmarried female person of previously chaste character younger than
himself, and over twelve and under eighteen years of age, upon conviction,
shall be punished either by a fine not exceeding five hundred dollars ($500.00),
or by imprisonment in the county jail not longer than six months, or by both
such fine and imprisonment or by imprisonment in the penitentiary not ex­
ceeding five years; and such punishment, within said limitation, shall be fixed
by the jury trying each case. [Ibid., sec. 1093 (Laws of 1914, ch. 171,

sec. 1).]

Chaste character presumed; burden of proof.— In the trial of all cases under
section 1, of this act, it shall be presumed that the female was previously of
chaste character and the burden shall be upon the defendant to show that
she was not; but no person shall be convicted upon the uncorroborated testi­
mony of injured female. [Ibid ., sec. 1094 (Laws of 1914, ch. 171, sec. 2 ).]
Construction of act.— This act shall not be construed as repealing or modify­
ing section 1358 of the Code of 1906 (1092, this Code), as amended by chapter
171 of the acts of 1908, in regard to rape and carnal knowledge of females
under 12 years of age. [Ibid., sec. 1095 (Laws 1914, ch. 171, sec. 3 ).]
Assault with intent to rape; penalty.—Every person who shall be convicted
of an assault with intent to forcibly ravish any female of previous chaste
character shall be punished by imprisonment in the penitentiary for life, or for
such shorter time as may be fixed by the jury. [Ibid., sec. 1096.]
IN D E C E N T , L E W D , O R L A S C IV IO U S

CONDUCT W IT H

C H IL D

Female child under 18, penalty for indecent or lascivious conduct by male
above 18.—Any male person above the age of eighteen years, who, for the
purpose of gratifying his lust, or indulging his depraved licentious sexual de­
sires, shall handle, touch or rub with hands or any part of his body or any
member thereof any female child under the age- of thirteen years, with or
without her consent, shall be guilty o f a high crime and upon conviction
thereof, shall be fined in any sum not less than ten dollars nor more than one
thousand dollars, or be imprisoned in the state penitentiary not less than one
year nor more than ten years, or be punished by both such fine and imprison­
ment, at the discretion of the court. [Ibid., Supp. of 1921, ch. 1142c (Laws

of 1920, ch. 215, sec. 1 ).]
Construction of above.— That this act is not intended to repeal any existing
law on this subject, but is intended to be cumulative and an additional statute
for the better protection of female children against lustful male persons.
[Ibid., Supp. of 1921, sec. 1142d (Laws of 1920, ch. 215, sec. 2 ).]
A B D U C T IO N — P R O S T IT U T IO N

Female child under lJ^, abducting for immoral purposes.— Every person who
shall maliciously, wilfully, or fraudulently lead, take, carry away, decoy or
entice away, any child under the age of fourteen years, with intent to detain
or conceal such child from its parents, guardian, or other person having law­
ful charge of such child, or for the purpose of prostitution, concubinage, or
marriage, shall, on conviction, be imprisoned in the penitentiary not exceeding
ten years, or imprisoned in the county jail not more than one year, or fined
not more than one thousand dollars, or both. [Ib id ., sec. 806.]
MISSOURI
C a rn a l k n ow led g e o r a b u s e ; a ge o f c o n s e n t :
F em ale ch ild u n d er 1 6 ; p en a lty .
F em a le betw een 16 an d 18 (u n m a rried and o f p rev iou s ch a ste ch a r a c te r ) ; a ccu sed
o v e r 1 8 ; p en a lty .
A b d u ctio n ; s ed u ction ; p r o s titu tio n :
F em ale u n d er 18, a b d u ctio n fo r p u rp ose o f p r o s titu tio n .
F em a le u n d er 21, s ed u ction u n d er p rom ise o f m arriag e.
F em a le u n d er 18, s ed u ction b y g u a rd ia n .
F em a le u n d er 18, p e n a lty fo r p e rm ittin g in b a w d y hou se.
N otes—
C hild un d er 17 in certa in cou n ties, o r 18 in oth e r co u n tie s fo u n d liv in g in o r
k n o w in g ly e n terin g h ou se o f ill fa m e, ju r is d ic t io n o f ju v e n ile co u rt.
F em ales, tra ffic in f o r im m ora l p u rp oses.


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LAWS RELATING TO SEX OFFENSES AGAINST CHILDREN ■
MISSOURI— Continued
C A R N A L K N O W L E D G E OR A B U SE — A G E OF CON SEN T

Female child under 16 years of age, unlawful carnal knowledge; penalty.—
Every person who shall be convicted of rape, either by carnally and unlaw­
fully knowing any female child under the age o f sixteen years, * * * shall
suffer death, or be punished by imprisonment in the penitentiary for not less
than two years, in the discretion of the jury. [R ev. Stats. 1919, sec. 3247 as

amended by Laws of 1921, p. 284a.]

Female between 16 and 18 years of age (unmarried and previously chaste),
unlawful carnal knowledge by person over 16; penalty.— If any person over
the age of sixteen years Shall have carnal knowledge of any unmarried female,
of previously chaste character, between the ages of sixteen and eighteen years,
he shall be deemed guilty of a felony, and upon conviction shall be punished
by imprisonment in the penitentiary for a term of two (2) years, or by a
fine of not less than one hundred (100) dollars nor more than five hundred
(500) dollars, or by imprisonment in the county jail not less' than one (1)
month or more than six (6) months, or by both such fine and imprisonment,
In the discretion of the court. [Ibid., sec. 3248 as amended by Laws of 1921.

p. 284a.]

A B D U C T IO N — S E D U C T IO N — P R O S T IT U T IO N

Female under 18, abduction.—Every person who shall take away any female
under the age of eighteen years from her father, mother, guardian or other per­
son having legal charge of her person, either for the purpose of prostitution
or concubinage, and any father, mother, guardian or other person, having the
legal charge of her person, who shall consent to the same, shall, upon con­
viction thereof, be punished by imprisonment in the penitentiary not exceed­
ing five years. [Ibid., sec. 3257.]
Female under 21, seduction under promise of marriage.— I f any person shall,
under or by promise of marriage, seduce or debauch any unmarried female of
good repute under twenty-one years o f age, he shall be deemed guilty of a
felony, and upon conviction thereof be punished by imprisonment in the peni­
tentiary not less than two nor more than five years, or by fine not exceeding
one thousand dollars, and imprisonment in the county jail not exceeding one
year; but, if, before the jury is sworn to try the defendant upon an indictment
or information, he shall marry the woman thus seduced, it shall be a bar to
any further prosecution of the offense, but an offer to marry the female
seduced by the party charged shall constitute no defense to such prosecution;
and in all cases where the defendant marries the woman seduced the cause
shall be dismissed at the defendant’s cost, and in no event shall the State or
county be adjudged to pay, or pay, any cost made or incurred by the defendant
when said cause has been dismissed as aforesaid. [Ib id ., sec. 3259.]
Female under 18, seduction by guardian.— I f any guardian of any female
under the age of eighteen years, or any other person to whose care or protection
any such female shall have been confided, shall defile her, by carnally knowing
her, while she remain in his care, custody or employment, he shall, in cases
not otherwise provided for, be punished by imprisonment in the penitentiary
not exceeding five years, or by imprisonment in the county jail not exceeding
one yearund a fine not less than one hundred dollars. [Ibid., sec. 3260.]
Female under 18; penalty for permitting in bawdy house.— Every keeper or
person in charge o f any house or building at such time ordinarily used as a
common assignation house, or common bawdy house, who shall permit any
female under the age o f eighteen years to enter into or remain in said assigna­
tion house or bawdy house, shall be adjudged guilty of a felony, and punished
by imprisonment in the penitentiary for a term o f not less than two years nor
more than ten years. [Ibid., sec. 3546.]
Notes.— U nder th e ju v e n ile c o u r t la w a p p ly in g to cou n tie s h a v in g a p o p u la tio n o f

50.000 o r m ore, th e term “ n eg lected ch ild ” in clu d es on e u n d er 18 y e a rs o f age fo u n d

liv in g in a house o f ill fa m e, and th e term “ d elin q u en t ch ild ” in clu d es on e o f the sam e
age w h o k n o w in g ly v is its o r en ters a h ou se o f ill rep u te, w h ile in co u n tie s o f less th a n
50.000 these p ro v is io n s a p p ly to a ch ild un der 17. [I b id ., sec. 2591 as am en d ed b y L a w s
o f 1923, p. 153, sec. 1135 ]
P ro cu rin g , en ticin g , tra n s p o rtin g , o r oth erw ise tra ffick in g in fe m a le s f o r im m ora l pur­

poses.

[Ibid., sec. 3251-3258.]


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LAWS RELATING TO SEX OFFENSES AGAINST CHILDREN

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M ONTANA
C arnal k n ow led g e o r a bu se ; a ge o f co n se n t :
F em ale u n d er 18.
A ccu sed u n d er 16, p r o o f required.
E ssen tia l elem en t o f th e crim e.
P en a lty .
lDa ccu sed <nrer’ 18^ j K l t y US co n d u ct w ith ch ild : ChIld u n d er

16

( “ a le o r f e m a l e ) ;

PrOSN o tc 3° P : M in or ( m aïe o r fe m a le ), a d m ission to hou se o f p ro s titu tio n p ro h ib ite d .
C hild und er 16 fo u n d liv in g in hou se o f p r o s t it u t io n ; c h ild un der 18 k n o w in g ly
v is itin g hou se o f p r o s titu tio n ; ju r is d ic t io n o f ju v e n ile co u rt.
W om en an d g irls , tra ffic in fo r im m ora l purposes.
C A R N A L K N O W LE D G E OR A B U SE — A G E O F CON SEN T

Fem-ale child under 18 years of age, unlawful sexual intercourse.— Rape is
an act of sexual intercourse, accomplished with a female, not the wife o f the
perpetrator, under any o f the following circumstances:
1- When the female is under the age of eighteen. * * * [Rev. Code 1921,
Accused under 16; proof required.— No conviction for rape can be had against
one who was under the age of sixteen years at the time o f the act alleged, unless
his physical ability to accomplish penetration is proved as an independent fact
and beyond a reasonable doubt. [Ib id ., sec. 11001.]
Essential element of the crime.— 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. [Ib id ., sec. 11002.]
Punishment.— Rape is punishable by imprisonment in the state prison not legs
than two nor more than ninety-nine years. [Ib id ., sec. 11003.]
IN D E C E N T ,

LEW D,

OR

L A S C IV IO U S

CONDUCT

W IT H

C H IL D

Child under 16 (male or fem a le); penalty for any person over 18 years of
age talcing indecent liberties.—Any person over the age of eighteen years, who
shall wilfully and lewdly commit any lewd or lascivious act, other than the
acts constituting other crimes provided in Part I, Title IX, of the Revised
Codes of Montana of 1907 [crimes against the person and against public
decency and good morals], upon or with the body or any part or member
thereof, of a child under the age of sixteen years, with the intent of arousing,
appealing to, or gratifying the lust or passions or sexual desires of such person
or of such child, shall be guilty of a felony, and shall be imprisoned in the
state prison not exceeding five years. [Ib id ., sec. 11005.]
P R O S T IT U T IO N

Admission of minor to place of prostitution.— Any proprietor, keeper man­
ager, conductor, or person having the control o f any house of prostitution or
any house or room resorted to for the purpose o f prostitution, who shall admit
or keep any minor of either sex therein, or any parent or guardian of any
such minor who shall admit or keep such minor, or sanction or connive at the
admission or keeping thereof into or in any such house or room shall be guilty
of a misdemeanor. [Ib id ., sec. 11046.]
Notes.— T h e term s “ d ep en d en t ch ild ” a n d “ n eg lected ch ild ” a s defined in th e

g s g f e s r * [iaw d " S aeiSï& .T

fo'md ,,Ttas ln hou“ oi 111 t ," e' or h»™>

p r ^ t it u ü o n .
12275 ] in C l° deS 0 n 6 Unli' r 18 w h o know itl* 1J' v is its h ou se o f
T raffic in w om en an d g irls, im p o r ta tio n , e x p o r ta tio n , p ro cu rin g , a n d so fo r t h fo r
im m o ra l p u rp oses.
[I b id ., secs. 11008-11016.]
’ or
NEBRASKA
C arnal kn ow ledg e o r a b u s e ; a ge o f c o n s e n t :
F em ale u n d er 18 (e x c e p t on e o v e r 15 an d p re v io u sly u n c h a s t e ) ; a ccu sed
m ore 9 peno-ity.
A b d u c t io n ; p ro s titu tio n :
F em ale un der 18, e n ticin g to o r com p ellin g illic it in terco u rse .
G irl un der 18, b o y u n d er 21, h a rb o rin g in h ou se o f p r o s t it u t io n ; pen a lty.

18 o r

C hild un der 18 fo u n d liv in g in or k n o w in g ly v is itin g hou se o f ill fa m e, iu risd iction o f ju v e n ile cou rt.
’
Fem ales, em p loy m en t a gen cies forb id d en to send to hou se o f p ro s titu tio n .
F em ales, p ro cu rin g fo r im m ora l p urposes.
D eb a u ch in g m in or : B oy u n d er 21, d eb a u ch in g o r d e p ra v in g m o r a ls ; p e n a lty f o r g u iltv

person (inftie or female),


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-

J

48

LAWS RELATING TO SEX OFFENSES AGAINST CHILDREN
NEBRASKA— C on tin u ed
C A R N A L K N O W L E D G E O R A B U S E — A G E O F C O N SE N T

Female child under 18 ( except one over 15 and previously unchaste), car­
nal knowledge and abuse; accused 18 or m ore; penalty.— * * *. I f any male
person, of the age o f eighteen years or upwards, shall carnally know or abuse
any female child under the age of eighteen years, with her consent, unless such
female child so known and abused is over fifteen years of age and previously
unchaste, shall be deemed guilty of a rape, and shall be imprisoned in the
penitentiary not more than twenty nor less than three years. [Comp. Stats.

1922, sec. 9551.]

.
A B D U C T IO N — P R O S T IT U T IO N

Female under 18, penalty for enticing to or compelling illicit intercourse.—
Whoever induces, decoys, entices, hires, engages, employs, or compels any
female under eighteen years of a g e; or causes by compulsion or otherwise, any
female over eighteen years of age, against her will, to have illicit carnal inter­
course with any person other than the person so inducing, decoying, enticing,
hiring, engaging, employing or causing such female to have such illicit carnal
intercourse; or whoever knowingly permits or allows any other person to
have illicit intercourse with any female of good repute for chastity, at the
house, residence or upon the premises owned or controlled by such person
or persons, shall be imprisoned in the penitentiary for not more than five
years. [Ibid., sec. 9788.]
Girl under 18, boy under 21, penalty for harboring in house of ill fame.—
ft shall be unlawful for any person or persons to allow, keep, maintain or
harbor any girl under eighteen years o f age, or any boy under twenty-one
years of age in any house of ill fame or any house of bad repute; and any
person found guilty of violating any of the provisions of this article shall be
deemed guilty of a misdemeanor and, on conviction thereof, shall be fined in
any sum not exceeding one hundred dollars, nor less than twenty-five dollars,
or be imprisoned in the county jail not more than thirty days, and shall stand
committed until such fine and costs are paid. [Ibid., sec. 9789.]
Notes.— T h e term s “ d ep en d en t c h ild ” and “ n eg le cte d ch ild ” as defined in the
ju v e n ile co u rt la w in clu d e one un d er 18 fo u n d liv in g in h ou se o f ill f a m e ; th e term
“ d elin q u en t ch ild ” in clu d es one. u n d er 18 w h o k n o w in g ly v is its o r en ters a hou se o f
ill repute.
[Ib id ., sec. 1 1 7 3 .]
E m p loy m en t a gen cies a re fo rb id d e n to send fem a le h elp o r s e rv a n t to p la ce o f bad
rep u te o r hou se o f p r o s titu tio n .
[Ib id ., sec. 7 7 3 7 .]
P ro c u rin g a n y fem a le fo r im m ora l p u rp oses.
[I b id ., secs. 9 7 6 4 -9 7 6 6 .]
D E B A U C H IN G M IN O R (M A L E )

Boy under 21, penalty for person debauching.— Whoever shall debauch the
person or deprave the morals of any boy under the age of twenty-one years,
either by lewdly inducing such boy carnally to know any female person, or by
indecent bodily contact with the person of any such boy communicate to him
any venereal or other loathsome disease; or whoever shall solicit any such boy
to visit a house of prostitution or other place where prostitution, debauchery,
or other immoral practices are permitted or encouraged, for the purpose of
prostitution, sexual intercourse, or other immoral practices; or whoever shall
direct or accompany any such boy to any such place for such purpose or pur­
poses ; or whoever shall arrange or aid or assist in arranging any meeting
for such purpose between any such boy and any female o f dissolute character
or any inmate of any place where prostitution, debauchery, or other immoral
practices are permitted or encouraged; or whoever shall arrange or aid or
assist in arranging any meeting between any such boy and any female person
for the purpose of sexual intercourse, or other immoral practice shall be
deemed guilty of a felony and upon conviction thereof shall be imprisoned in
the penitentiary for not less than one nor more than ten years. [Ibid., sec.

9787.]
NEVAD A
C arnal k n ow led g e o r a b u s e ; age o f c o n s e n t : F em a le u n d er 18, ca rn a l k n o w le d g e b y m ale ~
p erson 16 o r m o r e ; p en a lty .
P ro s titu tio n :
F em ale un der 18, p e rm ittin g to be used fo r pu rp oses o f p r o s t it u t io n ; person under
21, p en a lty fo r e n ticin g to p ro s titu tio n .
N otes—
C hild u n d er 18 fou n d liv in g in h ou se o f ill fa m e, ju r is d ic t io n o f ju v e n ile co u rt.
C hild un d er 18 m ay n o t be em p loy ed as m essenger to h ou se o f p ro s titu tio n .
F em ales, tra ffic in f o r im m ora l p u rp oses.


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LAWS RELATING TO SEX OFFENSES AGAINST CHILDREN

49

C A R N A L K N O W L E D G E O R A B U SE — A G E O F CON SEN T

Female child under 18, carnal Knowledge by person 16 or m ore; penalty.—
Rape is the carnal knowledge of a female, forcibly and against her will, and a
person duly convicted thereof shall be punished by imprisonment in the state
prison for a term of not less than five years and which may extend to life ;
provided, that if such crime be accompanied with acts of extreme violence and
great bodily injury inflicted, the person guilty thereof shall be punished by
imprisonment in the state prison for a term not less than twenty years, or he
shall suffer death, if the jury by their verdict affix the death penalty. And any
person of the age of sixteen years or upwards who shall have carnal knowledge
of any female child under the age o f eighteen years, either with or without her
consent, shall be adjudged guilty of the crime of rape and punished as before
provided. [Rev. Laws 1919, see. 6442, p. 3379.]
P R O S T IT U T IO N

Female under 18, penalty for person having legal charge to permit her being
taken for purpose of prostitution; person under 21, penalty for enticing to
house of prostitution.— Every person who—
*
*
*
*
*
*
*
4. Being the husband of any woman, or the parent, guardian or other person
having legal charge of the person of a female under the age o f eighteen years,
shall connive at, consent to, or permit her being or remaining in any house of
prostitution or leading a life o f prostitution; or
*
*
*
"
*
*
*
*
7. Shall decoy, entice, procure or in any manner or way to induce any per­
son, under the age of twenty-one years, to go into or visit, upon any pretext or
for any purpose whatever, any house of ill fame or prostitution, or any room
or place inhabited or frequented by any prostitute, or used for purposes of
prostitution;
Shall be punished by imprisonment in the state prison for not more than five
years or by fine of not more than two thousand dollars. [Rev. Laws 1912,
sec. 6445.]
Notes.— U nder th e ju v e n ile co u rt la w th e term s “ d ep en d en t c h ild ” and “ neg lected
ch ild ” in clu d e on e un d er 18 fo u n d liv in g in h ou se o f ill fam e.
[R e v . L a w s 1912. sec.
7 2 8 .]
C hild un d er 18 m ay n o t be em p loy ed as m essenger to d e liv e r letters, p a ck a ges, etc., to
house o f p ro s titu tio n .
[R e v . L a w s 1912, sec. 6 8 2 3 .]
S o licitin g , p rocu rin g , tra n s p o rtin g , e tc., a n y fem a le fo r p u rp o se o f p ro s titu tio n .
[R e v . L a w s 1919, pp. 3 3 7 9 -3 3 8 1 (L a w s o f 1913, ch . 109, p. 135, and ch . 3 5 6 ) .]
N E W H A M P S H IR E
C arn a l k n ow led g e o r a b u s e ; age o f c o n s e n t : F em a le c h ild u n d e r 1 6 ; p e n a lty .
A b d u ctio n ; p ro s titu tio n :
F em ale un der 18, a b d u ctin g f o r im m ora l p u rp oses.
N otes— Child un d er 17 fo u n d liv in g in o r freq u en tin g hou se o f ill fa m e, ju r is d ic tio n
o f ju v e n ile cou rt.
F em ales, s e cu rin g fo r im m ora l p u rp oses.
C A R N A L K N O W L E D G E O R A B U S E — A G E O F C O N SE N T

Female child under 16, unlawful carnal knowledge; penalty.— I f any man
shall unlawfully and carnally know and abuse any woman child under the age
of sixteen years he shall be imprisoned not exceeding thirty years. [Public

Statutes 1901, ch. 278, sec. 15.]

A B D U C T IO N — P R O S T IT U T IO N

Female child under 18, abducting for purposes of prostitution or illicit in­
tercourse.— I f any person shall wilfully and deceitfully entice or carry away
a female child under the age of eighteen years, with the intent or for the
purpose of prostitution or illicit sexual intercourse, he shall be imprisoned nojt
exceeding three years or be fined not exceeding five thousand dollars. [Ibid.,

ch. 272, sec. 8, p. 822.]
Notes.— T h e term “ d ep en d en t c h ild ” in clu d es on e u n d er 17 fo u n d liv in g in h ou se o f
ill f a m e ; th e term “ d elin q u en t ch ild ” in clu d es on e u n d er 17 w h o k n o w in g ly fr e ­
quents hou se o f ill fa m e.
[Ib id ., Supp. o f 1913, p. 153 (L a w s o f 1907, ch . 125, sec. 1 ).
F o r p rov ision s reg ard in g p u n ish m en t fo r p a n d erin g , see L a w s o f 1915, ch. 3 7 ; L a w s o f
1919, ch . 163 (a n a ct to p ro h ib it p r o s tit u t io n ).


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50

LAWS RELATING TO SEX OFFENSES AGAINST CHILDREN
N E W JE R S E Y

C a rn a l k n ow led g e o r a b u s e ; a ge o f c o n s e n t :

Female child under 16, assault with intent to carnally abuse; penalty.

F em ale ch ild un d er 12, o r 1 2 -1 6 , ca rn a l a b u s e ; a ccu se d 16 o r o v e r ; p en a lty .
A b d u ctio n ; s ed u ction ; p ro s titu tio n :
F em ale u n d er 18 (u n m a r r ie d ), a b d u ctin g f o r im m o ra l p u rp o s e s ; ca rn a l abu se w ith
o r w ith o u t c o n s e n t ; p en a lty .
W om en and g ir ls , traffic in f o r im m ora l p u rp oses.
F em ales, em p loy m en t a g en cies fo rb id d e n to send to h ou se o f ill fa m e.
C A R N A L K N O W L E D G E O R A B U S E — A G E O F C O N SE N T

Female child under 16, assault unth intent to rape or carnally abuse;
penalty.—Any person who shall commit an assault with intent to commit
* * *, rape, * * * or sodomy, or to carnally abuse a woman child under
the age of sixteen, with or without her consent, shall be guilty of a high misde­
meanor, and upon conviction thereof shall be punished by a fine not exceeding
three thousand dollars; or by imprisonment at hard labor not exceeding twelve
years, or both; * * *
[Comp. Stats. 1910, vol. 2, pp. 1782—1783

(Crimes), sec. 113.]

Female child under 12, between 12 and 16, unlawful carnal abuse; accused 16
or over; penalty.— Any person * * * who, being of the age of sixteen or
over, shall unlawfully and carnally abuse a woman-child under the age of
twelve years, with or without her consent, shall be guilty of a high misdemeanor,
and punished by a fine not exceeding $5,000 or imprisonment at hard labor not
exceeding thirty years, or both, or who, being of the age of sixteen or over, shall
unlawfully and carnally abuse a woman-child over the age of twelve years
and under the age of sixteen years, with or without her consent, shall be
guilty of a high misdemeanor, and punished by a fine not exceeding two
thousand dollars, or imprisonment at hard labor not exceeding fifteen years,
or both. [Ibid., sec. 115.]
A B D U C T IO N — S E D U C T IO N — P R O S T IT U T IO N

Female under 18, abducting for immoral purposes; carnal abuse with or with­
out consent; penalty.—Any person who shall convey or take away any womanchild, unmarried, whether legitimate or illegitimate, under the age of eighteen
years, out or from the possession, custody or governance, and against the will of
the father, mother or guardian of such woman-child, though with her own consent,
with an intent to contract matrimony with her, or with an intent to carnally abuse
her, or to use her for immoral purposes, or to cause or procure her to be carnally
abused by another, or to be used for immoral purposes by another, his aiders and
abettors, shall be guilty of a misdemeanor; and if he contracts, matrimony with
her, without the consent of her father, mother or guardian, he shall be guilty
of a high misdemeanor; and every such marriage shall be void; and any person
who shall permit, suffer or procure any woman-child under the age of eighteen
years, whether single or married, with or without her consent, to be carnally
abused by another or to be used for immoral purposes by another, in any
house, room, or place, public or private, kept by or under the control .or man­
agement of such person, shall be guilty of a high misdemeanor. [Ibid., sec.

117 as amended by Laws of 1921, ch. 22.]
Notes — P ro c u rin g , tra n s p o r tin g , o r o th erw is e tra ffick in g in w om en a n d g ir ls fo r im ­
m ora l p u rp oses.
[I b id ., vol. 2, pp. 1 7 6 0 -1 7 6 1 , secs. 4 7 a -4 7 g , as am ended by L a w s o f
^ E m p lo y m e n t a gen cies forb id d en to send fem a les as se rv a n ts, o r in m a tes o f hou se o f ill
fa m e o r bad repute.
[I b id ., p. 220 5 , sec. 6 .]
N E W M E XIC O
C arn a l k n ow led g e o r a b u s e ; age o f c o n s e n t :
F em ale ch ild u n d er 1 6 ; p en a lty .
A ccu s ed u n d er 14, p r o o f req u ired .
F em a le ch ild u n d er 1 4 ; p en a lty .
A b d u ctio n ; s ed u ction ; p r o s titu tio n :
F em ale c h ild u n d er 14, a b d u ctin g fo r im m ora l p u rp oses.
F em ale un d er 20, e n ticin g to h ou se o f p ro s titu tio n .
F em ale u n d er 21, s ed u ction u n d er p rom ise o f m arriag e.
F em a le s tu d en t u n d er 18, sed u ction b y teach er.
M in o r fem ale, a b d u ctin g fo r ev il p u r p o s e s ; p en a lty .
N ote— C hild un d er 16 k n o w in g ly v is itin g h ou se o f p ro s titu tio n ,
Juven ile co u rt,


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. .
ju r is d ic tio n

or

La w s r e l a t in g to Se x o f f e n s e s a g a i n s t c h i l d r e n

51

C A R N A L K N O W L E D G E O R A B U S E — A G E O F C O N SE N T

Female child under 16, sexual intercourse w ith ; penalty.— A person perpe­
trating rape upon or an act of sexual intercourse with a female when the
female is under the age of sixteen years, * * * is punishable by imprison­
ment for not less than one nor more than ninety-nine years. [Stats. 1915, sec.
1493 as amended by Laws of 1923, ch. 110.]
Accused under lk, proof required.— 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 inde­
pendent fact beyond a reasonable doubt. [Ibid., sec. 1494.]
Female child under 10 years of age, unlawful carnal abuse; penalty.— If any
person shall unlawfully and carnally know and abuse any female child under
the age of ten years, he shall be punished by imprisonment in the State peni­
tentiary for life. [Ibid., sec. 1495.]
A B D U C T IO N — S E D U C T IO N — P R O S T IT U T IO N

Female child under lk, abducting for immoral purposes; under 20, enticing to
house of prostitution.—Any person who takes a female under the age of four­
teen 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, or inveigles or entices an unmarried
female over fourteen years and under twenty years of age, of chaste character,
into a house of ill fame or of assignation, for the purpose of prostitution or
sexual intercourse, or 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, is guilty of abduction and punishable
by imprisonment for not more than five years or by a fine of not less than one
thousand dollars, or by both. [Ibid., sec. 1497.]
Same, bar to prosecution.— 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 the violation of the last section.
[Ibid ., sec. 1498.]
Female under 21, seduction under promise of marriage.— Every person who
under any promise of marriage shall induce any unmarried female of previous
good repute for chastity, under the age of twenty-one years, to permit him to
have sexual intercourse with her, and does have sexual intercourse with such
female, shall be deemed guilty of seduction, and on conviction thereof shall be
punished by imprisonment in the State penitentiary for not more than three
years nor less than one year, or by a fine of not more than three thousand
dollars nor less than one thousand dollars, or by both such fine and imprison­
ment in the discretion of the court, unless the accused shall before trial for the
offense have married or in good faith offered to marry such female, and such
offer has been by her rejected. [Ib id ., sec. 1499.]
Female student under 18, seduction by teacher.— Any person who, while en­
gaged or acting in the capacity of superintendent, tutor or teacher in any
private or public school in this State shall, with her consent, have sexual inter­
course with any female student in any such private or public school, who is
under the age of eighteen years, while such female student is under his direc­
tion or instruction in any such school, or any tutor, teacher or instructor of
any female person, under the age aforesaid, who shall in the manner aforesaid
have sexual intercourse with any such female person while under his instruc­
tion shall, upon conviction thereof, be punished by imprisonment in the State
penitentiary for not less than one year nor more than five years. [Ib id ., sec.
1500.]
.
v.
Minor female, abducting for evil purposes.— Any person or persons who shall
entice away and seduce or carry off any woman, who may be a minor under
the care of her parents, relations or guardian; such persons who shall so do,
or shall have them in their possession for evil purposes, upon complaint of any
person, shall be fined in any sum not exceeding one hundred dollars, nor less
than eighty, or with imprisonment for any term not exceeding one year, nor
less than eight months. [Ib id ., sec. 1501.]
Penalty for member of family aiding in such abduction.— Any father, or
mother, or guardian, who shall surrender up in bad faith, any woman under
their charge, on complaint being made thereof, shall be punished as prescribed
in the preceding section. [Ibid ., sec. 1502.]
Note — T h e term “ ju v e n ile d elin q u en t ” a s defined in th e ju v e n ile co u rt la w in clu d es

a child' u n d er th e age o f 16 w h o k n o w in g ly v is its o r e n ters a h ou se of p ro s titu tio n .
[L a w s of 1917, ch. 4, sec. 1.]


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52

LAWS RELATING TO SEX OFFENSES AGAINST CHILDREN
N E W YORK

C arn a l k n ow led g e o r a b u s e ; a ge o f c o n s e n t :
F em ale un der 18, u n la w fu l sexual I n t e r c o u r s e ; p en a lty .
E ssen tia l elem en t o f th e crim e.
A ccu sed un d er 14, p r o o f req u ired .
No co n v ictio n on u n su p p orted testim on y.
A b d u ction ; p r o s t it u t io n :
F em ale un der 18, a b d u ctin g fo r im m ora l p urposes.
N otes—
C hild un der 16, p a ren t o r p erson h a v in g ca re p e rm ittin g to e n ter h ou se
o f p ro s titu tio n m ay be fo u n d g u ilty o f co n tr ib u tin g t o d e lin q u e n cy o f ch ild .
C hild un der 16, fr e q u e n tin g rep u ted h ou se o f p ro s titu tio n , ju r is d ic tio n o f c h il­
d re n ’ s cou rts.
F em ale betw een 16 an d 21 fo u n d o f h er o w n fre e w ill a n d kn ow ledg e in a hou se
o f p r o s titu tio n deem ed a “ w a y w a rd ” m in or.
M essen ger boy, u n la w fu l to send to d is o r d e r ly house.
F em ale s e rv a n t o r em p loyee, em p loy m en t a g en cy m ay n o t sen d to p la ce o f bad
rep ute.
T ra ffic in w om en an d g ir ls fo r im m ora l p u rp oses.
C A R N A L K N O W L E D G E O R A B U S E — A G E O F C O N SE N T

Female under 18 years of age, unlawful sexual intercourse; penalty.— A per­
son who perpetrates an act of sexual intercourse with a female not his wife,
against her will or without her consent; or,
1. When through idiocy, imbecility or unsoundness of mind, either temporary
or permanent, she is incapable of giving consent, or by reason of mental or
physical weakness, or immaturity, or any bodily ailment, she does not offer
resistance; or,
.
2. When her resistance is forcibly overcome; or,
3. When her resistance is prevented by fear o f immediate and great bodily
harm, which she has reasonable cause to believe will be inflicted upon h e r; or
4. When her resistance is prevented by stupor, or a weakness o f mind
produced by intoxicating, or narcotic, or anaesthetic agent; or, when she is
known by the defendant to be in such state of stupor or weakness of mind from
any cause; or,
5. When she is, at the time, unconscious of the nature of the act, and this
is known to the defendant; or when she is in the custody of the law, or o f any
officer thereof, or in any place of lawful detention, temporary or permanent*
Is guilty of rape in the first degree and punishable by imprisonment for not
more than twenty years.
A person who perpetrates an act of sexual intercourse with a female, not hh?
wife, under the age of eighteen years, under circumstances not amounting to
rape in the first degree, is guilty o f rape in the second degree, and punishable
with imprisonment for not more than ten years. [Consolidated Laws, ch. 40

(Penal Law), sec. 2010.]
Essential element of the crime.— Any sexual penetration, however slight, is
sufficient to complete the crime. [Ibid., sec. 2011.]
Accused under Ilf years of age, proof required.—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
afi independent fact, beyond a reasonable doubt. [Ibid., sec. 2012.]
No conviction on unsupported testimony.— No conviction can be had for rape
or defilement upon the testimony of the female defiled, unsupported by other
evidence. [Ibid ., sec. 2013.]
.

A B D U C T IO N — P R O S T IT U T IO N

Female under 18, abducting for immoral purposes.— A person w h o:
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,
*

*

*

*

*

*

*

4. Being parent, guardian or other person having legal charge of the person
o f a female under the age of eighteen years, consents to her taking or detaining
by any person for the purpose of prostitution or a sexual intercourse;


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LAWS RELATING TO SEX OFFENSES AGAINST CHILDREN

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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.

[Ibid

sec. 70.]

Notes.— P a ren t o r o th e r cu stod ia n o f a ch ild un d er 16 yea rs o f age w h o p erm its such
c h i l d - t o en ter h ou se o f p r o s titu tio n m ay be fo u n d g u ilty o f co n tr ib u tin g to th e d e ­
lin q u e n cy o f su ch ch ild .
[P e n a l L a w , sec. 4 9 4 .]
A ch ild u n d er 16 fre q u e n tin g rep u ted h ou se o f p r o s titu tio n o r liv in g in su ch a h o u se
w ith o u t p a ren t o r g u a rd ia n m ay be b rou g h t b e fo re the co u rt h e a rin g c h ild re n ’ s cases
as a d estitu te ch ild .
[I b id ., sec. 4 8 6 .]
F em ale b etw een 16 and 21 ■found o f h er o w n fre e w ill an d k n ow led g e in hou se o f
p r o s titu tio n o r h a b itu a lly a s s o cia tin g w ith p ro s titu te s or p ro cu re rs m ay be a d ju d g e d
b y a n y m a g istra te, o th e r th a n ju s t ic e o f th e p eace, to be a w a y w a rd m in or.
[C rim in a l
Code, sec. 9 1 3 -a to 9 1 3 -d a d d ed b y L a w s o f 1923, ch . 8 68 an d am en ded by L a w s o f 1924,
ch. 3 8 9 .]
T o k n o w in g ly send a m essen ger b oy to a d is o r d e r ly h ou se c o n stitu te s a m isd em ean or.
[P e n a l L a w , sec. 4 8 8 .]
E m p loy m en t a g en cy m a y n o t send o r ca u se to be sen t a n y fe m a le as a se rv a n t,
em p loyee, in m a te, en terta in er, o r p e rfo rm e r, o r a n y m a le as an e m p loy ee o r e n te rta in e r
to a n y p la ce o f bad rep u te, h ou se o f ill fa m e o r a ss ig n a tio n .
[G en . B u sin e ss L a w ,
sec. 190 as am en d ed b y L a w s o f 1910, ch. 7 0 0 .]
Im p o rta tio n , e x p o r ta tio n , o r o th e r tra ffic in w om en an d g ir ls f o r im m ora l p u rp o se s.
[P e n a l L a w , sec. 2 4 6 0 .]
NORTH CAROLINA
C arnal k n ow led g e o r a b u s e ; age o f c o n s e n t :
F em ale ch ild un der 1 2 ; p en a lty .
A ss a u lt w ith in te n t to com m it r a p e ; p en a lty .
E ssen tia l elem en t o f the crim e.
F em ale ch ild b etw een 12 an d 16 (p re v io u s ly ch a s te ) ; p en a lty .
M ale ch ild u n d er 1 6 ; p en a lty .
O ffen ders un d er 16 cla ssed as d elin q u en ts and s u b ject t o ju r is d ic t io n o f ju v e n ile
c o u r t ; m ale offen d er un d er 18 g u ilty o f m isd em ean or on ly .
P r o s titu tio n :
F em ale u n d er 18 (u n m a r r ie d ), p erm itted t o be in h ou se o f p r o s t it u t io n : p e n a lty .
N otes—
C h ild un der 16 p erm itted t o en ter h ou se o f p ro s titu tio n , p r o v is io n s o f ju v e n ile c o u r t law .
A n y p erson tr a n s p o r tin g , p rocu rin g , o r s o lic itin g fo r p u rp oses o f p ro s titu tio n .
C A R N A L K N O W L E D G E O R A B U S E — A G E O F C O N SE N T

Female child under 12 years of age, unlawful carnal knowledge and abuse;
penalty.— Every person who is convicted of ravishing and carnally knowing
any female of the age of twelve years or more by force and against her will,
or who is convicted of unlawfully and carnally knowing and abusing any
female child under the age of twelve years, shall suffer death. [ Consolidated

Stats. 1919, sec. 4204.]

Assault with intent to commit rape; penalty.— Every person convicted of an
assault with intent to commit a rape upon the body of any female shall be im­
prisoned in the state’s prison not less than one nor more than fifteen vears

[Ibid., sec. 4205.]

Essential element of the crime.— It shall not be necessary upon the trial of
any indictment for the offenses of rape, carnally knowing and abusing any
female child under twelve years old, and buggery, to prove the actual emission
of seed in order to constitute the offense, but the offense shall be completed
upon proof of penetration only. [Ibid., sec. 4206.]
Child under 16 (male or fem ale). Carnal knowledge or abuse of female
child between 12 and 16 ( previously ch a ste); penalty. Carnal knowledge of
male child under 16; penalty.— If any male person shall carnally know or
abuse any female child, over twelve and under sixteen years of age, who has
never before had sexual intercourse with any person, he shall be guilty of a
felony and shall be fined or imprisoned in the discretion of the cou rt; and any
female person who shall carnally know any male child under the age of sixteen
years shall be guilty of a misdemeanor and shall be fined or imprisoned in the
discretion of the court: Provided, that if the offenders shall be married or
shall thereafter marry, such marriage shall be a bar to further prosecution.

[Ibid., sec. 4209 as amended by Laws of 1923, ch. 140.]

Offenders under 16 classed as delinquents and subject to jurisdiction of
juvenile court; male offender under 18 guilty of misdemeanor only.—All per-sons charged with a violation of this act under the age of sixteen years shall
be subject to the jui'sdiction of the juvenile court and such other courts as
may hereafter exercise such jurisdiction, and shall be classed as delinquents
and not as felons: Provided, that where the offenders agree to marry, the
consent of the parents shall not be necessary: Provided further, that any male


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54

LAWS RELATING T6 SEX OFFENSES AGAINST CHILDREN
NORTH CAROLINA— C on tin u ed

person convicted of the violation of this act, who is under eighteen (18) years
of age, shall be guilty of a misdemeanor only. [Public Laws of 1923, ch. 140,

sec. 2.]
P R O S T IT U T IO N

Female under 18 ( unmarried), permitted to be in house of prostitution;
penalty.—Whoever, being the keeper of a house of prostitution, or assignation
house, building or premises in this state where prostitution, fornicafion, or
concubinage is allowed or practiced, shall suffer or permit any unmarried
female under the age o f eighteen years to live, board, stop, or room in such
house, building or premises, shall be guilty of a misdemeanor. [Consolidated

Stats. 1919, sec. 4346.]
Notes.— U nder th e p ro v is io n s o f th e ju v e n ile co u rt la w a n y p a ren t, g u a rd ia n , o r
o th er person h a v in g c u sto d y o f a c h ild un der 16 yea rs o f age w h o p erm its such ch ild to
e n ter a hou se o f p ro s titu tio n m ay be fo u n d g u ilty o f a m isd em ean or.
[I b id ., sec. 5 0 5 7 .]
I t is u n la w fu l to tr a n s p o r t, p rocu re, or s o lic it a n y p e rso n fo r p u rp oses o f p r o s titu tio n .
[I b id ., secs. 4 3 5 7 -4 3 6 3 .]
NORTH DAKOTA
C arn a l k n ow led g e o r a b u s e ; age o f c o n s e n t :
F em ale un d er 18 yea rs o f age.
A ccu sed u n d er 14, p r o o f req u ired .
E ssen tia l elem en t o f th e crim e.
P u n ish m en t a c c o r d in g to degree o f offense.
A b d u ction ; sed u ction ; p r o s titu tio n :
F em ale un der 18, a b d u ction fo r im m ora l p u rp oses.
F em ale un der 20, sed u ction u n d er p rom ise o f m arriag e.
F em ale w a rd , s ed u ction by gu ard ia n .
iUote— C hild un d er 18 fo u n d liv in g in or k n o w in g ly fre q u e n tin g hou se o f ill rep ute,
ju r is d ic t io n o f ju v e n ile cou rt.
In d ecen t, lew d , o r la sciv io u s co n d u ct w ith c h i l d : A n y c h i l d ; p e n a lty fo r p e rso n ta k in g
in d ecen t liberties.
C A R N A L K N O W L E D G E O R A B U S E — A G E O F C O N SE N T

Female under 18 years of age, unlawful sexual intercourse.— Rape is an act
of sexual intercourse, accomplished with a female not the wife of the perpe­
trator, under either of the following circumstances:
1. When the female is under the age of eighteen years.
2. When she is incapable, through lunacy or any other unsoundness of mind,
whether temporary or permanent, of giving legal consent.
3. When she resists, but her resistance is overcome by force or violence.
4. When she is prevented from resisting, by threats of immediate and great
bodily harm, accompanied by apparent power of execution.
5. When she is prevented from resisting by an intoxicating, narcotic or
anesthetic agent, administered by or with the privity of the accused.
6. When she is at the time unconscious of the nature of the act, and this
is known to the accused.
7. When she submits under the belief that the person committing the act is
her husband, and this belief is induced by artifice, pretense or concealment
practiced by the accused, with intent to induce such belief. [Comp. Laws of
1913, sec. 9563.]
Accused under 11/ years of age, proof required.— 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. [Ibid., sec. 9564.]
Essential element of the crime.— 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. [Ibid., sec. 9565.]
Punishment according to degree of offense: Female under 18, accused 21/. or
more ( or 20-21/ and consent lacking), 1st degree; male 20 to 21/ (or 11-20 and
consent lacking), 2nd degree.— Rape is rape in the first degree:
1. In all cases in which the person committing the offense is twenty-four
years of age, or over, at the time of the commission of the offense, and,
2. In all cases in which the offense is committed under the conditions de­
scribed in sub-divisions 2, 3, 4, 5, 6 and 7 of section 9563, or either of them,
and in which the person committing the offense is twenty years of age, or over,
at the time of the commission of the offense.
Rape is rape in the second degree:
1. In all cases in which the offense is committed under the conditions de­
scribed in sub-divisions 2, 3, 4, 5, 6 and 7, of section 9563, or either of them,

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LAWS RELATING TO SEX OFFENSES AGAINST CHILDREN

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and in which the person committing the offense is seventeen years of age and
under twenty years of age at the time of the commission o f the offense; and
2. In all other cases in which the person committing the offense is twenty
years of age and under tv/enty-four years of age and the female is under
eighteen years of age at the time of the commission of the offense.
Rape in the first degree shall be punished by imprisonment in the State pen­
itentiary for not less than one year. Rape ip the second degree shall be pun­
ished by imprisonment in the State penitentiary for not less than 1 year, or, in
case the defendant is a minor, either by imprisonment in the State peniten­
tiary for not less than one year or by commitment to the State reform school
for not less than one year in the discretion o f the court. [Ibid., sec. 9566

as amended by Laws of 1915, ch. 201, p. 305.]

Female under 18, male under 20, apparent consent, constilutes rape in the
3d degree; punishment.— Rape if committed by a person under twenty years of
age at the time of the commission of the act and under the conditions described
in sub-divisions 2, 3, 4, 5, 6, and 7 of section 9563, or either of them, or in
other cases with the apparent consent o f the female, and she is under the age
of eighteen years, is rape in the third degree and any person found guilty
thereof shall be punished by confinement in the reform school for a term of not
less than one, nor more than three years, in the discretion of the court. [Ibid.,

sec. 9567 as amended by Laws of 1917, ch. 193, p. 260.]

A B D U C T IO N — S E D U C T IO N — P R O S T IT U T IO N

Female under 18, abducting for immoral purposes.— 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 of her person, without the
consent of such father, mother, guardian or other person having the legal,
charge of her person, or any friendless female under the age of eighteen years,
either for the purpose of concubinage or prostitution, is punishable by imprison­
ment in the penitentiary not less than one and not exceeding five years, or in
the county .jail not exceeding one year, or by fine not exceeding one thousand
dollars, or by both. [Ibid., sec. 9574.]
Female under 20, seduction under promise of marriage.— Every male person
over twenty-one years of age. who, under promise of marriage, seduces and
has illicit connection with an- unmarried female under twenty years of age
and of previously chaste character, is punishable by imprisonment in the peni­
tentiary 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. [Ibid., sec. 9575.]
Female ward, seduction by guardian or person charged with care.— Every
male person who, when a guardian or a minor, or when a county commissioner,
or when a warden, superintendent, supervising official, guard, attendant, watch­
man or other employee in any penal, correctional or eleemosynary institution in
this state, induces a female, who is a ward, or pauper under his care, or who
is an inmate in the institution in which he is employed, or who is in a position
where she receives the necessities of life through or from him, or upon his recom­
mendation, to have illicit sexual intercourse with him by threatening to with­
hold from her, or a member of her family, the necessities of life, or by threaten­
ing her, or a member of her family, with physical violence, is guilty of a fel­
ony. [Ibid., sec. 9577.]
Penalty.—Any person convicted of a felony under section 9577 shall be
punished by imprisonment in the State penitentiary for a term of not less
than one year, and not more than fifteen years. [Ibid., sec. 9578.]
Note.— T h e term s “ d ep en d en t' ch ild ” and “ n eg lected ch ild ” as defined in th e ju v e ­
n ile -co u r t la w in clu d e on e u n d er th e a ge o f 18 fo u n d liv in g in h ou se o f ill f a m e ; an d the
term “ d elin q u en t ch ild ” in clu d es on e u n d er 18 y e a rs o f a ge w h o k n o w in g ly frea u en ts
h ou se o f ill rep u te.
[Ih id ., sec. 1 1 4 0 3 .]
IN D E C E N T , L E W D , O R L A S C IV IO U S C O N D U C T W I T H C H IL D

Any child; penalty for person taking indecent liberties.—Every person who
-.shall take any indecent liberty with or on the person of any child, which act
under law does not amount to rape, or attempt to commit rape, or assault,
with intent to commit rape, or sodomy, or other crime against nature, shall be
guilty of a felony and shall be punished by imprisonment in the penitentiary
not less than one year nor more than two years. [Laws of 1923, ch. 167.]


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LAWS RELATING TO SEX OFFENSES AGAINST CHIIJ)REN
OHIO

C a rn a l k n ow led g e o r a b u s e ; a ge o f c o n s e n t :
F em a le ch ild u n d er 12 y e a rs o f age, c a rn a l k n o w le d g e fo r c ib ly and a g a in s t h e r
w i l l ; p en a lty .
F em ale ch ild u n d er 16, c a rn a l k n ow led g e a n d a b u s e ; a ccu sed 18 o r m ore yea rs
o f age ; p en a lty . A t t e m p t : p en a lty .
L ew d , im m ora l, o r la sciv io u s co n d u ct w ith c h i l d :
F em ale ch ild un d er 14, p e n a lty fo r m ale p erson o v e r 18 ta k in g in d e ce n t and im ­
p rop er lib erties.
A b d u ctio n ; sed u ction ; p r o s titu tio n :
F em ale u n d er 18, s ed u ction u n d er p rom ise o f m a rria g e.
F em ale u n d er 18, e n ticin g to o r p ro cu rin g fo r illic it in te rco u rse .
F em ale u n d er 18, e n ticin g to o r h a rb o rin g in h ou se o f p ro s titu tio n .
F em ale p u p il, sed u ction b y teach er.
N otes—
C h ild b etw een 4 an d 16, h a rb ored in h ou se o f ill fa m e.
C hild u n d er 18 fou n d in, rea red o r kep t in. o r k n o w in g ly v is itin g h ou se o f
ill fa m e, ju r is d ic tio n o f co u rt h e a rin g ch ild re n ’ s cases.
F em ales, tra ffic in fo r im m ora l p u rp oses.
E m p loy m en t a gen cies forb id d en to send a n y a p p lica n t f o r em p loy m en t to house
o f p ro s titu tio n o r o f ill repute.
CAR N AL K N OW LEDG E OR ABU SE— AGE

O F C O N SE N T

Female child under 12 years of age, carnal knowledge forcibly and against
her w ill; penalty.— Whoever has carnal knowledge of his daughter, sister or
a female person under twelve years of age, forcibly and against her will, shall
be imprisoned in the penitentiary during life ; and whoever has carnal knowl­
edge of any other female person forcibly and against her will shall be im­
prisoned in the penitentiary not less than three years nor more than twenty
years. [Gen. Code, sec. 12413.]
Female under 16, carnal kncnoledge and abuse; accused 18 or more years of
a ge; penalty.— Whoever, being eighteen years o f age, carnally knows and abuses
a female person under the age of sixteen years with her consent shall be im­
prisoned in the penitentiary not less than one. year nor more than twenty
years, or six months in the county jail or workhouse. The court is authorized
to hear testimony in mitigation or aggravation of such sentence. [Ibid., sec.

12414.]

Female under 16; male 18 or more years of a ge; attempt to carnally know
and abuse; punishment.—Whoever, being eighteen years of age, attempts to
carnally know and abuse a female person under sixteen years of age, with
her consent, shall be imprisoned in the penitentiary not less than one year
nor more than fifteen years, or six months in the county jail or workhouse. The
court is authorized to hear testimony in mitigation or aggravation of such
sentence. [Ibid., sec. 12415.]
LEW D,

IM M O R A L , A N D

L A S C IV IO U S

CONDUCT

W IT H

C H IL D

Female child under 14; male over 18 taking indecent and improper liberties.—
Whoever, being a male person over the age of eighteen years shall assault a
female child under the age o f fourteen years, and shall wilfully take indecent
and improper liberties with the person of such child, without committing or
intending to commit the crime of rape upon such child, or wilfully makes im­
proper exposures of his person in the presence of such child, shall be deemed
guilty of felonious assault, and on conviction thereof shall be fined not more
than one thousand dollars, or imprisoned in the penitentiary not more than
ten years, or both such fine and imprisonment, in the discretion o f the court.

[Ibid., sec. 12423-1 added by Laws of 1921,'p. 45.]
A B D U C T IO N — S E D U C T IO N — P R O S T IT U T IO N

Female under 18, seduction under promise of marriage.—Whoever, being a
male person over eighteen years of age, has sexual intercourse under promise of
marriage with a female person under eighteen years of age and of good repute
for chastity, shall be imprisoned in the county jail not more than six months
or in the penitentiary not more than three years. [Ibid., sec. 13026.]
Female under 18, enticing to or procuring for illicit intercourse.— Whoever
induces, decoys or procures a female person under eighteen years of age to
have sexual intercourse with a person other than himself, or to enter a house
of assignation or a house of ill fame for the purpose of seduction or prostitu­
tion, or knowingly permits another to have illicit intercourse with a female
person of good repute for chastity upon premises owned or controlled by him,
or, being a keeper of a house of assignation or house of ill fame, detains or

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LAWS RELATING TO SEX OFFENSES AGAINST CHILDREN

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harbors therein a female person under eighteen years -of age, shall be im­
prisoned in the penitentiary not less than one year nor more than five years
[Ib id sec. 13027.]
Female under 18, enticing to or harboring in house of prostitution.— Who­
ever takes, causes to be taken or entices a female person, under the age of
eighteen years, from her father, mother, guardian or other person having the
lawful custody, care or charge of her, or from her home, habitation or place
of employment with the intention of inducing or placing her in a house of
ill fame or a house kept for the purpose of prostitution, or harbors such
female person therein, knowing her to have been so taken or enticed away,
shall be imprisoned in the penitentiary not less than one year nor more than
twenty years. [Ibid ., sec. 13029.]
Female pupil, seduction by teacher.— Whoever, being a male person over
twenty-one years of age and superintendent, tutor or teacher in a private,
parochial or public school, or a seminary or other public institution, or in­
structor of a female in music, dancing, roller skating, athletic exercise, or
other branch of learning, has sexual intercourse with a female, with her con­
sent, while under his instruction during the term of his engagement as such
superintendent, tutor or instructor, shall be imprisoned in the penitentiary not
less than two years nor more than ten years. [Ib id ., sec. 13030.]
Notes.— H a rb o rin g o r e m p lo y in g a ch ild betw een 4 and 16 in a hou se of ill fa m e or
a ss ig n a tion .
[I b id ., sec. 1 3 0 3 1 .]
U nder the ju v e n ile co u rt a ct the term “ d elin q u en t ch ild ” in clu d e s on e u n d er 18
yea rs o f a ge w h o k n o w in g ly v is its o r en ters a hou se o f ill rep u te [Ib id ., s e c .- 1644 as
am ended b y L a w s o f 1915, p. 4 8 8 ] ; a “ d ep en d en t c h i l d ” in clu d es on e un d er 18 fo u n d
liv in g in a hou se o f ill fa m e [I b id ., sec. 1645 as am ended b y L a w s o f 1921, p. 3 6 1 ] : and
a
ch ild w ith o u t p rop er p a ren ta l ca re ” in clu d es on e reared or k ep t in a house o f ill
fa m e o r o f ill repute [I b id ., sec. 1646 am en ded by L a w s o f 1923, p. 2 9 6 ].
T ra ffic in fem a les fo r im m ora l p urposes.
[I b id ., secs. 13031 to 1 3 0 3 1 -1 2 as am ended
b y L a w s o f 1913, p. 1 8 8 .]
E m p loy m en t a gen cies a re fo rb id d e n to send a n y a p p lica n t fo r e m p lo y m e n t to hou se o f
p ro s titu tio n o r o f ill rep ute.
[I b id ., sec. 8 9 6 -3 , as a dded b y L a w s o f 1919, p. 3 4 9 .]
OKLAHOMA
C arnal k n ow led g e o r a b u s e ; a ge o f c o n s e n t :
F em ale ch ild u n d er 16, o r on e b etw een 16 and 18 i f p r e v io u sly ch aste
F em a le o v e r 14 con sen tin g , n o c o n v ictio n o f m ale u n d er 18.
A ccu sed u n d er 14, p r o o f required.
E ssen tia l elem en t o f the crim e.
P e n a lty a c c o r d in g to degree o f o ffe n s e : co m p la in in g w itn e ss un d er 14, a ccu se d o v e r
,
* 8 > co n stitu te s rape in th e first d e g r e e ; all oth er cases a re o f th e secon d d e cre e
A b d u c t io n ; p r o s t i t u t i o n :
*
F em ale un d er 15, a b d u ction .
N otes—
C hild un d er 16 fo u n d liv in g in o r fre q u e n tin g hou se o f ill fa m e, ju r is d ic tio n o f
ju v e n ile cou rt.
F em ales, traffic in fo r im m ora l purp oses.
C A R N A L K N O W L E D G E OR A B U SE — A G E OF C O N SEN T

Female under 16 or one between 16 and 18 and of previous chaste character
unlawful sexual intercourse.— Rape is an act of sexual intercourse accom­
plished with a female, not the wife of the perpetrator, under either of the
following circumstances:
F irst: Where the female is under the age of sixteen years.
Second: Where the female is over the age of sixteen years and under the
age of eighteen, and of previous chaste and virtuous character * * *
[Stats. 1921, sec. 1834.]
I f female is over Ilf and consents, male under 18 may not be convicted; ac­
cused under 14, proof required.— No conviction for rape can be had against one
who was under the age o f 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. Nor can any person be convicted of rape on
account of an act of sexual intercourse with a female over the age of fourteen
years, with her consent, unless such person was over the age of eighteen years
at the time of such act. [Ibid., sec. 1835.]
Essential element of the crime.— The essential guilt of rape, except with
the consent of a female over fourteen years of age, consists in the outrage to
the person and feelings of the female. Any sexual penetration, however
slight, is sufficient to complete the crime. [Ibid., sec. 1836.]
Degree of crime: Female under 14 (or incapable of giving consent), male
over 18, constitutes rape in the 1st degree; all other cases of rape are of the
2nd degree.— Rape committed by a male over eighteen years o f age upon a fe-


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L A W S R E LA T IN G TO SEX O FFE N SES A G A IN ST C H IL D R E N
OKLAHOMA— Continued

male under the age of fourteen years, or incapable through lunacy or un­
soundness of mind o f giving legal consent; or accomplished with any female
by means of force overcoming her resistance, or by means of threats of im­
mediate and great bodily harm, accompanied by apparent power of execution,
preventing such resistance, is rape in the first degree. In all other cases
rape is of the second degree. [Ibid., sec. 1837.]
Punishment for rape in the first degree.— Rape in the first degree is punish­
able by death or imprisonment in the penitentiary, not less than fifteen years,
in the discretion of the jury, or in case the jury fail or refuse to fix the
punishment then the same shall be pronounced by the court. [Ibid., sec.

1838.]
Punishment for rape in the second degree.— Rape in the second degree is
punishable by imprisonment in the penitentiary not less than one year nor
more than fifteen years. [Ibid., sec. 1839.]
A B D U C T IO N — P R O S T IT U T IO N

Female child under 15, abduction.—Any person who takes away any female
under the age of fifteen years, from her father, mother, guardian or other
person having the legal charge of her person, without their consent, for the
purpose of marriage or concubinage, is punishable by imprisonment in the
penitentiary 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. [Ibid., sec. 1812.]
N o t e s .— U nder the ju v e n ile co u rt la w the d efin ition o f a “ d ep en d en t ” o r “ n eg lected ”
c h ild in clu d es on e u n d er 16 fou n d liv in g in a h ou se o f ill f a m e ; and th a t o f a “ d e ­
lin q u en t ” ch ild , on e un der 16 w h o k n o w in g ly freq u e n ts a h ou se o f i l l rep ute.
[Ib id .,
sec. 8 0 7 0 .]
T ra ffic in fem a les f o r im m ora l p urposes.
LTbid., siecs. 1 8 4 6 -1 8 3 1 .']
OREGON
C arnal k n ow led g e o r a b u s e ; a g e o f c o n s e n t : F em ale ch ild un d er 1 6 ; a ccu sed o v e r 1 6 ;
p en a lty .
C arn a l kn ow ledge, fu r th e r p ro te ctio n fo r g ir ls :
•
F em ale b etw een 16 and 18 (p re v io u s ly c h a s t e ), ca rn a l k n ow led g e un d er circ u m ­
sta n ces n o t a m ou n tin g to r a p e ; a ccu sed ov er 18 ; p en a lty .
A b d u ction ; s ed u ction ; p r o s titu tio n :
C hild un d er 18 (b o y o r g i r l) , s o lic it in g o r e n ticin g to sexu a l in tercou rse.
F em ale un d er 18. e n ticin g o r co e r cin g to p ro s titu tio n .
F em ale u n d er 16, a b d u ctin g fo r im m ora l p u rp oses.
M in or, u n la w fu l to v is it hou se o f p r o s titu tio n .
M in or, u n la w fu l t o in d u ce to en ter h ou se o f p r o s titu tio n .
N otes—
C hild u n d er 18 fo u n d in h ou se o f ill fa m e, ju r is d ic t io n o f co u rt h e a rin g
c h ild re n ’ s cases.
W om en and g irls, traffic in fo r im m ora l p u rp oses.
CARNAL

KNOW LEDGE

OR

ABUSE— AGE

OF

C O N SE N T

Female child under 16, carnal knowledge by person over 16; penalty.— If any
person over the age of sixteen years shall carnally know any female child under
the age of sixteen years, * * *, such person shall be deemed guilty of rape,
and upon conviction thereof shall be punished by imprisonment in the peni­
tentiary for not less than three nor more than twenty years. [Oregon Laws
1920 (Olson’ s), sec. 1912.]
C A R N A L K N O W L E D G E , F U R T H E R P R O T E C T IO N F O R G IR L S

Female child between 16 and 18 (o f previous chaste character), unlawful
carnal knowledge under circumstances not constituting rape; accused over
18; penalty.— If any male person over the age of eighteen years shall, in such
manner as does not make the act rape, carnally know any female person of
previous chaste and moral character, who is over the age of sixteen years
and under the age of eighteen years, and is not his lawful wife, such male
person shall be deemed gu lty of fornication, and upon conviction thereof,
shall be punished by a fine of not less than $50 nor more than $500, or by
imprisonment in the county jail for not less than one month nor more than
one year, or by imprisonment in the penitentiary not less than one year nor
more than five years. [Ibid ., sec. 2077.]
A B D U C T IO N — S E D U C T IO N — P R O S T IT U T IO N

Child under 18 (male or fem ale), penalty for soliciting or enticing to sex­
ual intercourse.— I f any person over the age of sixteen years shall solicit,

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entice, procure, or attempt to procure any child under the age of eighteen
years to carnally know or to have Sexual intercourse with any person, or to
enter any building, room, or enclosure frequented by lewd and immoral per­
sons, for any immoral purpose, such person so soliciting, enticing, procuring,
or attempting to procure such child for such purpose or purposes shall be
deemed guilty of felony, and upon conviction thereof shall be punished by
imprisonment in the penitentiary for not less than one nor more than twenty
years. [Ibid., sec. 2078.]
Female under 18, enticing or coercing to prostitution.— Any person who
shall knowingly persuade, induce, entice, or coerce any woman or girl under
the age of eighteen years, with the purpose or intent to induce or coerce her,
or that she shall be induced or coerced to engage in prostitution, or shall in
furtherance of such purpose knowingly induce or cause her to go and to be
carried or transported as a passenger, within the state of Oregon, upon the
line or route of any common carrier or carriers, shall be deemed guilty of
felony, and on conviction thereof shall be punished by a fine of not less than
one hundred dollars nor more than ten thousand dollars, or by imprisonment
in the penitentiary not less than one year and not more than ten years, or
by both such fine and imprisonment, in the discretion o f the court. [Ibid.,
sec. 2085-8.]
Female child under 16, abducting for immoral purposes.— I f any person shall
take away any female under the age of sixteen years from her father, mother,
guardian, or other person having the legal charge of her person, without the
consent of such father, mother, guardian, or other person, either for the pur­
pose of marriage, concubinage, or prostitution, such person, upon conviction
thereof, shall be punished by imprisonment in the penitentiary not less than
one nor more than two years, or by imprisonment in the county jail not less
than three months nor more than one year, or by fine not less than $100 nor
more than $500. [Ibid., sec. 2085.]
Minor, unlawful to visit house of prostitution.— It shall be unlawful for
any minor to go into or visit, under any pretext, or for any purpose whatever,
any house of prostitution, or any room or place inhabited or frequented by
any prostitute, or used for purposes of prostitution. [Ibid., sec. 2081.]
Punishment for violating above provision.'—Any minor violating any of the
provisions of this act [sec. 2081], upon conviction thereof, shall be punished
by a fine not exceeding $100 or by incarceration for a period not exceeding
six months in the state reform school. [Ibid., sec. 2084.]
Minor, unlawful to induce to enter house of prostitution.— It shall be un­
lawful for any person, firm, or corporation to procure, request, order, or to
in any wise induce any minor to go into or visit any such house, room, or place
described in section 2081, for any purposes whatever. [Ibid., sec. 2082.]
Penalty for violating above provision.—Any person violating any of the pro­
visions of this act, [sec. 2082], shall, upon conviction thereof, be punished by
a fine not less than $100 and not more than $250, or by imprisonment in the
county jail for a period not exceeding one year, or both; and any corporation
violating any of the provisions of this act shall, upon conviction-thereof, be
punished by a fine not less than $500 and not more than $1,000. [Ibid., sec.
2083.]
Notes .— A ch ild un d er 18 fo u n d in a n y d iso rd e rly h ou se, b a w d y house, o r hou se o f
ill fa m e m ay be a d ju d g ed a “ d elin q u en t ” c h ild b y th e c o u r t h e a rin g c h ild re n ’ s cases.
LIbid., sec. 9 8 0 2 .]
T ra ffic in w om en an d g ir ls fo r im m ora l p u rp oses.
[I b id ., secs. 2 0 8 5 -1 to 2 0 8 5 - 3 .]
PEN N SY LV A N IA
C arnal kn ow ledg e o r a b u s e ; age o f c o n s e n t :
F em ale ch ild u n d er 1 6 ; a ccu sed 16 o r o l d e r ; p en a lty .
C o m p la in in g w itn ess n ot o f g o o d rep u te, findings w h ich ju r y m ay m ake.
C o m p la in in g w itn ess u n d er 10, essen tia l elem en t o f th e crim e.
A b d u ctio n ; sed u ction ; p r o s titu tio n :
F e m a le u n d er 16, a b d u c t io n ; e n ticin g to illic it in tercou rse .
F e m a le u n d er 21, s ed u ction un d er p rom ise o f m arriag e.
M in or, d isp o s in g o f o r e m p loy in g fo r pu rp oses o f p r o s titu tio n .
C hild un der 16, p erm itted to rem a in in h ou se o f p ro s titu tio n .
N o tes—
W om en and g irls, tra ffic in f o r im m ora l p u rp oses.
M in or, em p loy er m ay n o t k n ow in g ly send to h ou se o f p ro s titu tio n .
F em ale, em p loy m en t a g en cy m ay n o t fu r n is h f o r im m o ra l p u rp o se s o r send as
s e rv a n t to p la c e o f b a d rep u te.


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LAWS RELATING TO SEX OFFENSES AGAINST CHILDREN
P EN N SY LVA NIA— Continued
C AR N AL K N O W LED G E OR ABU SE— AGE

O F C O N SE N T

Female child under 16, unlawful carnal knowledge and abuse by person 16
years of age or m ore; penalty; finding of jury if shown such child was not of
good repute.— If any person * * * being of the age of sixteen years and up­
wards, shall unlawfully and carnally know and abuse any woman child under
the age of sixteen years, with or without her consent, such person shall be
adjudged guilty of felonious rape, and on conviction, be sentenced to pay a
fine, not exceeding one thousand dollars, and undergo an imprisonment, by
separate or solitary confinement at labor, or by simple imprisonment, not ex- •
ceeding fifteen years; Provided, however, That upon the trial of any de­
fendant charged with the unlawful carnal knowledge and abuse of a woman
child under the age o f sixteen years, if the jury shall find that such woman
child was not of good repute, and that the carnal knowledge was with her
consent, the defendant shall be acquitted of the felonious rape and convicted
of forn cation only. [Stat. 1920 (W est Publishing Co.), sec. 8024.]
Complaining witness under 10, essential element of the crime.— It shall not
be necessary, in any case of rape, sodomy or carnal abuse of a female child,
under the age of ten years, to prove the actual emission of seed, in order to
constitute a carnal knowledge, but the carnal knowledge shall be deemed com­
plete upon proof of penetration only. [Ib id ., sec. 8025.]
A B D U C T IO N — S E D U C T IO N — P R O S T IT U T IO N

Female child under 16, abduction; enticing to illicit intercourse.— Any person
Who takes a female child under the age of sixteen years for the purpose of
prostitution or sexual intercourse, or, without the consent of her father, mother,
guardian or other person having legal custody of her person, for the purpose
of marriage, or who inveigles or entices any such minor female child into a
house of ill-fame, or of assignation, or elsewhere, for the purpose of prostitution
or sexual intercourse, shall, in every such case, be guilty of a misdemeanor,
and upon conviction thereof, shall be sentenced to imprisonment, at separate
or solitary confinement at labor, for not more than five years, or pay a fine^
not exceeding one thousand dollars, or both, at the discretion of the court.
[Ibid., sec. 13241.]
Female under 21; seduction under promise of marriage.—The seduction of
any female of good repute, under twenty-one years of age, with illicit connec­
tion under promise of marriage, is hereby declared to be a misdemeanor; and
any person who shall be convicted thereof shall be sentenced to pay a fine
not exceeding five thousand dollars, and to undergo an imprisonment, either at
labor by separate or solitary confinement, or imprisonment without labor, not
exceeding three years, or both, or either, at the discretion of the court: Pro­
vided, That the promise of marriage shall not be deemed established unless the
testimony of the female seduced is corroborated by other evidence, either cir­
cumstantial or positive. [Ibid., sec. 8042.]
Minor, disposing of or employing for purposes of prostitution.— Any person
having the care, custody or control of any minor child under the age o f
fifteen years, * * * and any person, who, having the care, custody or
control of any minor child whatsoever, shall sell, apprentice, give away or
otherwise dispose of such child, or who shall take, receive or employ such
child * * *, or for the purpose of prostitution, and any person who shall
retain, harbor or employ any minor child in or about any assignation house
or brothel, * * * shall be guilty of a misdemeanor, and, upon conviction
thereof before any justice of the peace, magistrate or court of record, shall
be fined not less than fifty dollars nor more than one hundred dollars, for each
offense. [Ibid ., sec. 13229.]
Child under 16, permitting to remain in house of ill repute constitutes a
misdemeanor.—A parent or other person charged with the care or custody,
for nurture or education, of a child under the age of sixteen years, who suffers
or perihits any such child to be or remain in any reputed house o f prostitution
or assignation, * * * shall be guilty of a misdemeanor, and on conviction
thereof, shall be punished by a fine not exceeding one thousand dollars, or by
imprisonment not exceeding two years, or both or either, at, the discretion of
the court. [Ibid ., sec. 13245.]


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Notes .— F o r fu r th e r p ro v is io n s re g a rd in g tra ffic in w om en a n d g irls fo r im m o ra l
p u rp oses, see Ib id ., secs. 7 9 9 3 -7 9 9 9 .
E m p lo y e r o r p erson , firm o r co r p o r a tio n h a v in g a u th o rity m a y n o t k n o w in g ly send
a m in o r to a h ou se o f p ro s titu tio n o r o th e r im m ora l p lace.
[I b id ., sec. 1 3 2 4 7 .]
E m p loy m en t a g en cy s h a ll n o t fu r n ish fem a le f o r im m ora l p u rp oses o r send o n e as
a se rv a n t o r f o r a n y o th e r p u rp ose to p la c e o f b ad rep u te.
[I b id ., secs. 101 4 5 , 1 0 1 5 1 .]
PORTO RICO
C arn a l k n ow led g e o r a b u s e ; a ge o f c o n s e n t ;
F em ale ch ild u n d er 14.
A ccu sed u n d er 14, p r o o f required .
E ssen tia l elem en t o f the crim e.
P un ishm ent.
In d e ce n t, lew d , o r la sciv io u s co n d u ct w ith ch ild : C h ild u n d er 14, m ale o r f e m a l e ; p en a lty .
P ro s titu tio n :
•
■
,
F em ale u n d er 21 (u n m a r r ie d ), e n ticin g to p ro s titu tio n o r i l li c i t in te rco u rse .
M in or, p e n a lty fo r a d m ittin g t o hou se o f p r o s titu tio n .
CARNAL

KNOW LEDGE

OR

ABUSE— A GE

OF

CON SEN T

Female child under Ilf years of age, unlawful sexual intercourse.— Rape is an
act of sexual intercourse, accomplished with a female not the wife of the
perpetrator, under any of the following circumstances:
1. Where the female is under the age o f fourteen years; * * *. [Rev.
Stats. 1911 (P enal Code), sec. 5697.]
Accused under 14 years of age, proof required.— No conviction for rape can
be had against one who was under the age of fourteen years at the t me of the
act alleged, unless his physical ability to accomplish penetration is proved
as an independent fact, and beyond a reasonable doubt. [Ib id ., sec. 5698.]
Essential element of the crime.—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. [Ib id ., sec. 5699.]
Punishment.— Rape is punishable by imprisonment in the penitentiary not
less than five years. [Ib id ., sec. 5700.]
INDECENT, LEWD, OR LASCIVIOUS CONDUCT WITH CHILD
Child under lit.— * * * Any person who shall wilfully and lewdly
commit any lewd or lascivious act, other than the acts constituting other
crimes provided for in the Penal Code, upon or with the body, or any part
or member thereof, of a child under the age of fourteen years, with the intent
of arousing, appealing to, or gratifying the lust or passions or sexual desires
of such person or of such child, shall be guilty of. a felony ajid shall be im­
prisoned in the penitentiary not to exceed five years. [Ib id ., sec. 5702.]
P R O S T IT U T IO N

Female under 21 {unmarried) , vpenalty for enticing to prostitution or il­
licit intercourse.—Every person who inveigles or entices any unmarried fe­
male, of previous chaste character, under the age of twenty-one 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 m an; and every
person who aids or assists in such inveiglement or enticement; and every
person who, by any false pretences, false representation, or other fraudulent
means, procures any female to have illicit carnal connection with any man,
is punishable by imprisonment in the penitentiary not exceeding five years,
or by imprisonment in jail not exceeding one year or by fine not exceeding
one thousand dollars, or by both such fine and imprisonment. * * *. [Ib id .,
sec. 5702.]
Minor, penalty for admitting to house of prostitution.— Any proprietor, keep­
er, manager, conductor, or person having the control of any house of prosti­
tution, or any house or room resorted to for the purpose of prostitution, who
shall admit or keep any minor of either sex therein, or any parent or guardian
of any such minor who shall admit or keep such minor, or sanction, or connive
at the admission or keeping thereof into, or in any such house or room, shall
be guilty of a misdemeanor. [Ib id ., sec. 5731.]
RHODE~ISLAND
C arnal k n ow led g e o r a b u s e ; a g e o f c o n s e n t :
G irl u n d er 16, p en a lty .
A tte m p t to h a v e c a rn a l k n o w le d g e ; p en a lty .
N ote— P e n a lty fo r rape.


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LAWS RELATING TO SEX OFFENSES AGAINST CHILDREN
RHODE ISLAND— C ontin ued

C arnal k n ow led g e, fu r th e r p r o te c tio n f o r g i r l s : G irl u n d e r 18 (n o t k n ow n to be im ­
m o r a l), e n ticin g to u n la w fu l sex u a l in t e r c o u r s e ; p e n a lty f o r a ccu se d a b o v e th e
age o f 18.
P r o s t it u t io n : N ote— T ra ffic in fem a les fo r im m ora l purposes.
C A R N A L K N O W L E D G E O R A B U S E — A G E O P C O N SE N T

Girl under 16 years of age, unlawful carnal knowledge and abuse; punish­
ment.—Whoever shall unlawfully and carnally know and abuse any girl un­
der the age of sixteen years shall be imprisoned not exceeding fifteen years.

[Gen. Laws of 1923, sec. 6147.]
N ote .— T h e p e n a lty fo r ta p e is im p rison m en t f o r life o r f o r a n y term n o t less th a n
10 yea rs.

[Ib id ., sec. 6 0 1 7 .]

Attempt to have carnal knowledge; penalty.—Whoever shall attempt to
have unlawful carnal knowledge of any girl under the age of 16 years shall
be imprisoned not exceeding ten years. [ Ibid., sec. 6148. ]
C A R N A L K N O W L E D G E , F U R T H E R P R O T E C T IO N F O R G IR L S

Girl under 18 ( not known to be immoral), enticing to unlawful sexual in­
tercourse.—Whoever by threats or intimidation procures or induces, or at­
tempts to procure or induce, any woman or girl to have any unlawful carnal
connection either with himself or with any other person, or by false pretenses,
false representations or other fraudulent means, procures or induces any
woman or girl, not being a common prostitute or of known immoral character,
to have unlawful carnal connection either with himself or with any other
person, or applies, administers to, or causes to be taken by any woman or
girl any drug, matter or thing with intent to stupefy or overpower so as there­
by to enable himself or any other person to have unlawful carnal connection
with such woman or girl, or, being above the age of eighteen years, shall by
any means whatsoever procure or induce any girl under the age of eighteen
years, and not of known immoral character, to have any unlawful carnal con­
nection either with himself or with any other person, shall be imprisoned not
exceeding five years: Provided, however, that no person shall be convicted of
an offense under this section upon the evidence of one witness only, unless
such witness be corroborated by other evidence. [Ibid., sec. 6149.]
P R O S T IT U T IO N

N ote .— T raffic in fem a les f o r im m ora l p u rp oses.

[I b id ., secs. 6150, 6151, 6 1 8 4 -6 1 8 6 .]

SOUTH CAROLINA
C arn a l k n ow led g e o r a b u s e ; a ge o f c o n s e n t :
F em a le ch ild u n d er 1 6 ; p e n a l t y ; co m p la in in g w itn e ss b etw een 10 and 16 o r fro m
14 t o 16, re d u ctio n o f p en a lty .
A ccu s e d u n d er 18 a n d co m p la in in g w itn e s s o v e r 14 a n d p r e v io u sly u n ch a ste, d e­
fen se.
P e n a lty f o r ra p e o r a ttem p t to com m it rape.
A b d u c t io n ; p r o s t it u t io n :
F em a le ch ild un d er 16, a b d u ction f o r im m ora l p u rp oses.
N o t e : C hild u n d er 18, p erm itted in hou se o f p ro s titu tio n , ju r is d ic t io n o f ju v e n ile
cou rt.
C A R N A L K N O W L E D G E O R A B U S E — A G E O F C O N SE N T

Female child under 16 years of age, unlawful carnal knowledge and abuse;
penalty. Complaining witness between 10 and 16 or between 14 and 16, re­
duction of penalty. Defense when accused is under 18 and complaining wit­
ness over 14 and previously unchaste.— I f any person shall unlawfully and
carnally know and abuse any woman-child under the age of sixteen years,
every such unlawful and carnal knowledge shall be a felony, and the offender
thereof being duly convicted, shall suffer as for rape; Provided, however,
That in any case where the woman or child is over the age of ten years and
the prisoner is found guilty the jury may find a special verdict recommending
him to the mercy of the court, whereupon the punishment shall be reduced t o '
imprisonment in the penitentiary for a term not exceeding fourteen years,
at the discretion of the court; Provided, further, That in any case where the
woman or child is over the age of fourteen (14) years and under the age of
sixteen (16) years and the prisoner is found guilty, the punishment shall be


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LAWS RELATING TO SEX OFFENSES AGAINST CHILDREN

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in the discretion of the court, not exceeding five (5) years imprisonment:
Provided, however, That in cases where the defendant is under eighteen years
of age and the woman-child is above the age of fourteen (14) years, previous
unchastity may be defensively shown, and if such want of chastity be found
by a special verdict of the jury, the punishment imposed by the court shall not
exceed one year’s imprisonment, or a fine of not more than five hundred
($500.00) dollars, alternatively awarded. [Code 1922 vol. 2, Criminal Laws,

sec. 9.]
Punishment for rape, or assault with intent to ravish.— Any person convicted
of rape or assault with intent to ravish shall suffer death by hanging, unless
the jury shall recommend to the mercy of the court, in which event the de­
fendant shall be confined at hard labor in the State penitentiary for a term not
exceeding forty years or less than five years, at the discretion of the presiding
judge. [Ibid*, sec. 8.]
A B D U C T IO N — P R O S T IT U T IO N

Female child under 16 years of age, abduction.— Whoever, above the age of
fourteen years, shall unlawfully take or convey, or cause to be taken or con­
veyed, any maid or woman-child unmarried, being within the age of sixteen
years, out of or from the possession and against the will of the father or mother
of such child, or out of or from the possession and against the will of such per­
son or persons as then shall happen to have, by any lawful ways or means, the
order, keeping, education, or governance o f any such maiden or woman-child,
shall on conviction, suffer imprisonment for the space of two years, or else
shall pay such fine as shall be adjudged by the court. [Ibid., sec. 872.]
Female child under 16 years of age, to abduct and deflower; penalty.— Who­
ever shall so take away, or cause to be taken away, as aforesaid, and deflower
any such maid or woman-child, * * * shall, on conviction, suffer imprison­
ment for five years, or else shall pay such fine as shall
adjudged by the
court; one moiety of which fine shall be for the State, and the other moiety
to the parties grieved. [Ibid., sec; 873.]
Note.— A p a ren t, g u a rd ia n , or o th e r p erson h a v in g cu sto d y o f a ch ild u n d er 18 yea rs
o f age w h o p erm its such ch ild to en ter a h ou se o f p ro s titu tio n m ay be fo u n d g u ilty o f
a m isd em ean or un d er th e term s o f th e ju v e n ile co u rt a ct.
[L a w s o f 1923, N o. 148,
sec. 1 9 .]
SOUTH DAKOTA
C arn a l k n ow led g e o r a b u s e ; age o f c o n s e n t :
F e m a le u n d er 18.
A ccu s ed u n d er 14, p r o o f req u ired .
E ss e n tia l elem en t o f th e crim e.
C o m p la in in g w itn ess u n d er 10 y ea rs o f age, first-d egree rape.
S econ d -d egree ra p e defined.
P u n ish m en t a c c o r d in g t o d egree o f offense.
A b d u ctio n ; sed u ction ; p ro s titu tio n :
F em ale un d er 15, a b d u ction .
F em ale un d er 18, a b d u ctin g o r e n ticin g to i l li c i t in tercou rse .
F em ale un d er 25, e n ticin g to p ro s titu tio n .
N otes— M in o r u n d er 21 p erm itted to c o n s o r t w ith rep u ted p r o s t it u t e s ; ch ild un d er
18 k n ow in g ly fre q u e n tin g hou se o f ill f a m e ; ju r is d ic t io n o f co u rt h e a rin g ch il­
d re n ’ s cases,
C A R N A L K N O W L E D G E O R A B U S E — A G E O F C O N SE N T

Female under 18 years of age, unlawful sexual intercourse.— Rape is an
act of sexual intercourse accomplished with a female, not the wife of the per­
petrator, under either of the following circumstances:
1. Where the female is under the age of eighteen years. * * * [Rev.

Code 1919, sec. 4092.]
Accused under Vf years of age, proof required.— No one shall be convicted of
rape 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 inde­
pendent fact and beyond a reasonable doubt. [Ibid., sec. 4093.]
Essential element of the crime.—The essential guilt of rape consists in the
outrage to the person and the feelings of the female. Any sexual penetra­
tion, however slight, is sufficient to complete the crime. [Ibid., sec. 4094.]
Complaining witness under 10 years of age, lst-degree rape.— Rape com­
mitted upon a female under the age of ten years, or incapable through lunacy
or any other unsoundness of mind, o f giving legal consent, or accomplished by
means of force overcoming her resistance, is rape in the first degree. [Ibid.,

sec. 4095.1

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SOUTH D A K O T A —Continued

Second-degree rcupe.— In all other cases rape Is of the second degree.

[Ibid.,

sec. 4096.]

Punishment for rape in the 1st degree.—Rape in the first degree is pun­
ishable by imprisonment in the state penitentiary not less than ten years.
[Ibid., sec. 4097.]
Punishment for rape in the 2nd degree.—Rape in the second degree is pun­
ishable by imprisonment in the state penitentiary not exceeding twenty years.

[Ibid., sec. 4098.]
ABDUCTION—SEDUCTION—PROSTITUTION
Female under 15, abduction for purpose of marriage; under 18, abducting or
enticing to illicit intercourse.— Every person who takes away any female under
the age of fifteen years from her father, mother, guardian or other person
having the'legal charge o f her person, without his or her consent, for the
purpose of marriage; and every person who shall persuade, induce, entice,
coerce, or take away any female under the age of eighteen years from
her father, mother, guardian, or other person having the legal charge of her
person for the purpose o f debauchery, illicit relationship, concubinage, prosti­
tution, or other immoral purpose is punishable by imprisonment in the state
penitentiary not to exceed twenty years. [Ibid., sec. 4102 as amended by

Laws of 1921, ch. 1, p. 184.]
Female under 25, enticing to prostitution.— Every person who inveigles or en­
tices any unmarried female o f previous chaste character, under the age of
twenty-five years, into any house of ill fame or of assignation, or elsewhere,
for the purpose o f prostitution, and every person who aids or assists in such
abduction for such purpose, is punishable by imprisonment in the state peni­
tentiary not exceeding twenty years, or by a fine_ not exceeding one thousand
dollars, or both such fine and imprisonment. [Ibid., sec. 4101.]
N o t e .— U n d er th e ju v e n ile c o u r t la w a c h ild u n d er 21 m ay he a d ju d g e d to he “ d e ­
p en d en t ” o r “ n eg lected ” i f p erm itted to co n s o r t w ith re p u te d p ro s titu te s, and one
u n d er 18 w h o k n o w in g ly v is its o r freq u en ts a h ou se o f ill rep u te m a y be a d ju d g e d to
be “ d elin q u en t.”
[I b id ., sec. 9 9 7 2 .]
TENNESSEE
C a rn a l k n ow led g e o r a b u s e ; a g e o f c o n s e n t :
F em ale ch ild u n d er 1 2 ; p e n a l t y ; a ssa u lt w it h in te n t to r a v i s h ; p e n a lty .
F em a le betw een 12 an d 21, u n la w fu l ca rn a l k n o w le d g e ; p e n a lty . I f o v e r 14, p re ­
v io u s u n ch a s tity m ay be a d e fe n s e ; a c o n v ictio n n o t w a rr a n te d i f co m p la in in g
w itn ess is ov er 12 and a b aw d , lew d , o r k ep t fe m a le .
A id e rs an d a b ettors , p un ishm ent.
P ro s titu tio n : N ote— C h i l d . u n d er 16 fo u n d liv in g in o r fre q u e n tin g hou se o f ill fa m e,
ju r is d ic t io n o f ju v e n ile co u rt.

CARNAL KNOWLEDGE OR ABUSE—AGE OF CONSENT
Female child under 12 years of age, carnal knowledge and abuse.— Any person
who shall carnally know and abuse a female under the age of twelve years
shall on conviction be punished as in the case o f rape. [Code 1918 (Thom p­
son’s Shannon’s ), sec. 6455.]
Punishment for rape.— Whoever is convicted of the rape o f a female shall
suffer death by hanging; provided, the jury before whom the offender is tried
and convicted, may, i f they think proper, commute the punishment for the
offense to imprisonment in the penitentiary for life, or for a period o f not
less than ten years. [Ibid., sec. 6452.]
Female child under 12 years of age, assault unth intent to ravish; punish­
ment.—Any person who shall commit an assault and battery upon a female
under the age of 12 years, with the intent to unlawfully carnally know her,
shall on conviction be punished as in case of rape. [Ibid., Baldwin’s Supp.

1920, sec. 6455a (Laws of 1919, ch. 86, p. 8 5 ).]

Female between 12 and 21, unlawful carnal knowledge; penalty. I f over
previous unchastity may be a defense; conviction not warranted if com­
plaining witness is over 12 and a bawd, leivd, or kept female.— Any person who
shall unlawfully or carnally know a female over the age of twelve and under
the age of twenty-one years shall be deemed guilty of a felony, in all cases
not falling under the statute relating to rape, and on conviction shall be con­
fined in the penitentiary not less than three nor more than ten years; provided,
that no conviction shall be had for said offense, on the unsupported testimony

14,


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of the female in question; and/provided, that the provisions of this act relative
to females over twelve years shall not apply in cases in which the defendant
and female in question occupy the relation of husband and wife at the time
of such carnal knowledge; provided, further, that evidence o f the female’s
reputation for the want of chastity at and before the time of the commission
of the alleged offense shall be admissable in behalf of the defendant, but
this proviso shall only apply when the female is over fourteen years o f age;
provided, further, that nothing in this act shall authorize or warrant a con­
viction when the female over twelve years is at the time and before the carnal
knowledge a bawd, lewd, or kept female. [Code 1018 (Thompson’s Shan­
non’s), sec. 0456.]
Aiders and abettors; punishment.— Any parent or guardian of, or person
having the charge, care, or custody of such female, or procuress, permitting,
consenting to, aiding, encouraging, or abetting, or conniving at the commission
of the offense or crime aforesaid, shall be deemed a principal in the crime, and
punished as such under the last section. [Ibid., sec. 6457.]
PROSTITUTION
Note.— A ch ild u n d er 16 fo u n d liv in g in h ou se o f ill fa m e m ay b e a d ju d g e d b y the
ju v e n ile co u rt to be a “ dep end ent ” c h i l d : one un d er 16 w h o fre q u e n ts o r v is its a hou se
o f ill fa m e or b aw d y h ou se m ay he a d ju d g ed to be a “ d e lin q u e n t ” ch ild .
[C o d e 1918,
sec. 4 4 3 6 a -3 3 a n d Supp. 1920, sec. 443 6 a —65a—1 .]
T E XA S
C arnal k n ow led g e o r a b u s e ; a ge o f c o n s e n t :
F em ale u n d er 1 8 ; i f b etw een 15 and 18 p rev iou s u n ch a stity m ay be a d efen se.
A ccu s ed u n d er 14 m ay n o t be co n v icte d o f ra p e.
P e n a lty fo r rape.
A b d u ctio n ; sed u ction ; p r o s titu tio n :
F e m a le u n d er 14, a b d u ction .
F em ale u n d er 25, (u n m a r r ie d ), sed u ction u n d er p rom ise o f m arriag e.
N otes__
C hild u n d er 16 fo u n d liv in g in h ou se o f p ro s titu tio n , ju r is d ic t io n o f ju v e n ile
cou rt.
C h ild u n d er 17, a ctio n a g a in st a d u lt f o r ta k in g in to o r p e rm ittin g in h ou se o f.
p r o s titu tio n .
C hild un d er 17, em p loy m en t in b a w d y h ou se fo r b id d e n ; a ls o sen d in g as m essen­
g er to such place.

Females, traffic in for immoral purposes.

CARNAL KNOWLEDGE OR ABUSE--- AGE OF CONSENT
Female under 18 years of aye, unlawful carnal knowledge; previous un­
chastity may be a defense if female is between 15 and 18.— Rape is * * *
the carnal knowledge of a female under the age of eighteen years, other than
the wife of the person, with or without her consent, and with or without the
use of force, threats or fraud. Provided, that if the woman is fifteen years of
age or over, the defendant may show in consent cases, she was not of previous
chaste character as a defense. [Stat. 1920 (Penal), art. 1083.]
Accused under lit may not be convicted of rape.-—No person under the age of
fourteen at the time the offense is charged to have been committed,^ can be
convicted of rape, or assault with intent to commit the offense. [Ibid., art.

1068.]

Punishment.—Whoever shall be guilty of rape shall be punished by death
or by confinement in the penitentiary for life, or for any term of years not
less than five, in the discretion of the jury. [Ibid., art. 1069.]
A B D U C T IO N — S E D U C T IO N — P R O S T IT U T IO N

Female under lit, abduction.— If a female under the age of fourteen be taken
for the purpose of marriage or prostitution from her parent, guardian or other
person having the legal charge of her, it is abduction, whether she consents^ or
not, and although a marriage afterward takes place between the parties.

[Ibid., art. 1060.]

Offense complete, when.—The offense of abduction is complete if the female
be detained as long as twelve hours, though she may afterwards be relieved
from such detention without marriage or prostitution. [Ibid., art. 1061.]
Punishment.—Any person who shall be guilty of abduction shall be punished
by fine not exceeding two thousand dollars. If, by reason of such abduction,
a woman be forced into marriage, the punishment shall be confinement in the
penitentiary not less than two nor more than five years; and, if by reason of

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LAWS RELATING TO SEX OFFENSES AGAINST CHILDREN
TEXAS— C ontin ued

such abduction, a woman be prosecuted, the punishment shall be confinement
in the penitentiary not less than three nor more than twenty years. [ Ibid., art.
1062.]
Female under 25 (unmarried), seduction under promise of marriage.— If any
person, by promise to marry, shall seduce an unmarried female under the age
of twenty-five years, and shall have carnal knowledge of such female, he shall
be punished by imprisonment in the penitentiary not less than two nor more
than ten years. [Ib id ., art. 1447.]
Notes — A ch ild u n d er 16 fou n d liv in g in h ou se o f ill fa m e m ay be a d ju d g e d by the
ju v e n ile co u rt to be a “ d e p e n d e n t ” o r “ n e g le c t e d ” c h ild .
[S ta t. 192 0 ( C iv i l) , a rt.
2184.1
A n a d u lt ta k in g a c h ild u n d er 17 in to a hou se o f p r o s titu tio n o r p e rm ittin g such a
ch ild to rem a in th erein m ay be fo u n d g u ilty o f co n tr ib u tin g t o th e d e lin q u e n cy o f the
ch ild .
[S ta t. 1920 ( P e n a l), a rt. 1 0 5 5 a .]
_ .
.. .
. ...
T h e em p loy m en t o f a c h ild u n d er 17 in a n y d iso r d e r ly o r b a w d y h ou se is f o r b id d e n ;
a lso the sen d in g o f such a ch ild a s a m essenger or to d e liv e r m essages, p a cka ges, etc.,
to such p lace. [S ta t . 192 0 (P e n a l), a rt. 1 0 5 0 f and 1 0 5 0 g .]
_ •
T ra ffic in fem a les fo r im m ora l p urposes.
[S ta t . 1920 ( P e n a l) , a rt. 5 06 a to 5 0 6 e .]
UTAH
C a rn a l k n ow led g e o r a b u s e ; a ge o f c o n s e n t :
F em ale ch ild u n d er 13.
A ccu sed u n d er 14, p r o o f req u ired .
E ss e n tia l elem en t o f th e crim e.
P u n ish m en t fo r rape.
F em ale betw een 13 and 18, u n la w fu l ca rn al k n o w le d g e ; p e n a lty .
A b d u ctio n ; p ro s titu tio n :
F em ale un d er 18, a b d u ction fo r p u rp oses o f p r o s titu tio n ,

o^es__

C hild un der 18, k n o w in g ly v is itin g h ou se o f ill f a m e ; b oy u n d er 1 4 , 'g ir l under
16 fo u n d in hou se o f ill f a m e ; ju r is d ic tio n o f ju v e n ile co u rt.
M in o r u n d er 21, sen d in g as m essen ger to h ou se o f ill fa m e.
F em ales, tra ffic in fo r im m ora l p u rp oses.
C A R N A L K N O W L E D G E OR A B U S E — A G E O F C O N S E N T

Female child under IS years of age, unlawful sexual intercourse— Rape is
an act of sexual intercourse accomplished with a female, not the wife of the
perpetrator, under either of the following circumstances:
1. When the female is under the age of thirteen years; * * * [Comp.
Laws 1917, sec. 8106.]
Accused under 14, proof required.—No conviction for rape can be had against
one who was under the age of fourteen years at the time of the act alleged, un­
less his physical ability to accomplish penetration is proved as an independent
fact, and beyond a reasonable doubt. [Ibid., sec. 8106.]
Essential element of the crime.— 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. [Ib id ., sec. 8107.]
Punishment for rape.— Rape is punishable by imprisonment in the state
prison not less than five years. [Ib id ., sec. 8108.]
Female between 13 and 18, unlawful carnal knowledge.— Any person who
shall carnally and unlawfully know any female over the age o f thirteen years
and under the age of eighteen years shall be guilty of a felony. [Ibid ., sec.
8109.]
ABDUCTION—PROSTITUTION
Female under 18, abduction for purposes of prostitution.— 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 of her person, with or with­
out their consent, for the purpose of prostitution, is punishable by imprison­
ment in the state prison not exceeding five years, or by a fine not exceeding
$1,000, or by both. [Ibid ., sec. 8110.]
Notes.— A c h ild un d er 18 w h o k n o w in g ly v is its or en ters a h ou se o f ill rep u te m ay
be a d ju d g ed b y th e ju v e n ile co u rt to be a “ d e lin q u e n t ” ch ild .
[I b id ., sec. 1829, as
am en d ed by L a w s o f 191 9 (S p ec. S e s s .), ch. 5 .]
A b o y un d er 14 an d a g ir l un der 16
fo u n d in or fre q u e n tin g a h ou se o f ill fa m e, eith er w ith o r w ith o u t the p a re n t o r g u a rd ­
ia n , m ay be a d ju d g ed to be a “ n e g le c t e d ” ch ild .
[I b id ., sec. 1 8 3 5 .]
In cities o f tn e first and s econ d classes no m essenger u n d er 21 yea rs o f age s h a ll
be req u ired to v is it a n v h ou se o f ill rep u te o r oth er p la c e o f o b je c tio n a b le ch a ra cte r
w h ic h has been d isa p p rov ed b y th e ju v e n ile cou rt.
[Ib id ., sec. 1 8 6 6 .]
T ra ffic in fem a les fo r p u rp ose o f p r o s titu tio n .
[Ib id ., secs. 8 0 9 5 -8 1 0 1 .]
8 T h e p en a lty f o r fe lo n y w h en n o t p rescrib ed in the la w is im p riso n m e n t in
p ris on n o t ex ceed in g 5 yea rs.
[C om p . L a w s 1917, sec. 7 9 0 4 .]


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VERM ONT
C arn a l k n ow led g e o r a b u s e ; age o f c o n s e n t :
F em ale ch ild u n d er 1 6 ; a ccu sed o v e r 1 6 ; p en a lty .
B o th p a rties un der 16, th e fem a le con sen tin g , p u n ish m en t f o r b o t h ; i f w ith o u t co n ­
sen t o f fem ale, p e n a lty fo r offender.
P r o s t it u t i o n :
N otes—
C hild u n d er 16 fo u n d liv in g in o r fr e q u e n tin g h ou se o f ill fa m e , ju r is d ic tio n
o f ju v e n ile cou rt.
F em ales, tra ffic in fo r im m ora l p u rp oses.
C A R N A L K N O W L E D G E O R A B U S E — A G E O F C O N SE N T

Female child under 16 years of age, unlawful carnal knowledge; penalty for
offender over 16 years of age.— A person over the age o f sixteen years who
* * * unlawfully and carnally knows a female person under sixteen years
of age, with or without her consent, shall be imprisoned in the state prison
not more than twenty years or fined not more than two thousand dollars, or
both. [Gen. Laws 1917, sec. 6822.]
Both parties under 16, the female consenting, punishment for both; if without
consent of female, penalty for offender.— If a person under the age of sixteen
years unlawfully and carnally knows a female person under the age of sixteen
years with her consent both persons shall be guilty of a misdemeanor, and may
be committed to the Vermont industrial school; and a person under the age of
sixteen years, who unlawfully and carnally knows any female person by force
and against her will shall be punished as provided in the preceding section.

[Ibid., sec. 6823.]

P R O S T IT U T IO N

Notes.— A ch ild u n d er th e age o f 16 w h o freq u en ts, v is its , o r is fo u n d in a d is ­
o rd e rly h ou se o r hou se o f ill fa m e m ay be a d ju d g ed b y th e ju v e n ile co u rt to be a “ d e ­
lin q u en t ” c h i l d ; an d on e un d er th e sam e age fou n d liv in g in a h ou se o f ill fa m e m ay
be a d ju d g ed to be a “ d e p e n d e n t ” o r “ n e g le c t e d ” ch ild .
[Ib id ., sec. 7 3 2 3 .]
T ra ffic in fem a les f o r im m ora l p u rp oses.
[I b id ., secs. 7 0 1 6 -7 0 2 0 .]
VIRGINIA
C arnal k n ow led g e o r a b u s e ; a ge o f c o n s e n t :
F em ale ch ild u n d er 1 6 ; p en a lty .
A b d u ctio n ; p r o s t it u t io n :
F em ale un d er 1§, a b d u ction fo r pu rp oses o f p ro s titu tio n .
N otes— C hild un d er 18 fo u n d liv in g in or fre q u e n tin g hou se o f ill fa m e, ju r is d ic t io n
o f ju v e n ile co u rt.
Fem ales, traffic in fo r im m ora l p u rp oses.
E m p loy m en t agen cies forb id d en to send fem a le help to p la ce o f ill fa m e.
C A R N A L K N O W L E D G E O R A B U S E — A G E O F C O N SE N T

Female child under 16 years of age, carnal knowledge; penalty.— I f any per­
son carnally know a female of sixteen years of age or more against her will,
by force, or carnally know a female child under that age or a female inmate
of any hospital for the insane, who has been adjudged a lunatic, or any female
who is an inmate or pupil of an institution for deaf, dumb, blind, feeble-minded,
or epileptic persons, he shall, in the discretion of the court or jury be punished
with death, or confinement in the penitentiary for life, or for any term not less
than five years. But if such female child be between the ages of fourteen
and sixteen years and not an inmate or pupil of such institutions hereinbefore
mentioned, and consents to the carnal knowledge, the punishment shall be con­
finement in the penitentiary not less than one nor more than twenty years.
If the carnal knowledge be with the consent o f the female between the ages
of fourteen and sixteen years, and the female be not an inmate o f such insti­
tution as heretofore mentioned, the subsequent marriage may be pleaded to
any indictment found against accused; whereupon, the court, upon proof of
such marriage, and that the parties are living together as man and wife, and
that the accused has properly provided for, supported, and maintained and is
at the time properly providing, supporting and maintaining the wife and the
issue of such marriage, if any, shall continue the case from time to time and
from term to term, until the wife shall arrive at the age of sixteen years, and
thereupon the court shall dismiss the indictment already found against accused,
'fo r the aforesaid offense; but should the husband desert said wife before she
shall attain to the age of sixteen years without just cause, any indictment
found against him for said offense shall be tried without regard to the number
of times the case shall have been continued, and whether such continuance be
entered upon the order book or not. [Code 1919, sec. 4411 as amended by

Laws of 1924, ch. 443, p. 666.]

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LAWS RELATING TO SEX OFFENSES AGAINST CHILDREN
V IR G IN IA — C on tin u ed
A B D U C T IO N — P R O S T IT U T IO N

Female under 16; abduction for purpose of prostitution.— I f any person
* * * take from any person, having lawful charge of her, a female under
sixteen years of age, for the purpose of concubinage or prostitution, he shall
be confined in the penitentiary not less than three nor more than ten years;
and every person who shall assist or aid in such abduction or detention for
such purpose, shall be guilty of a felony, and, shall, upon conviction thereof,
be punished by confinement in the penitentiary not less than two nor more
than five years. [Ibid., sec. 4411.]
Notes.— A ch ild u n d er 18 y ea rs o f a ge w h o freq u e n ts a h o u se o f ill fa m e m ay be
a d ju d g ed by th e ju v e n ile co u rt to be a “ d elin q u en t ” ch ild , an d on e fo u n d liv in g in a
h ou se o f ill fa m e m ay b e a d ju d g ed to be a “ n e g le c t e d ” ch ild .
[I b id ., sec. 1906 as
am ended b y L a w s o f 1922, ch . 4 8 1 .]
T ra ffic in fem a les f o r im m ora l p u rp oses.
[Ib id ., sec. 4 5 7 9 .]
E m p loy m en t a gen cies are fo rb id d e n to send fem ale h elp o r se rv a n ts to a n y p la c e o f
bad rep u te, hou se o f ill fa m e, o r t o a n y p la ce k e p t f o r im m o ra l p u rp oses.
[I b id ., sec.
1 8 0 4 .]
W A S H IN G TO N
C arn a l k n ow led g e o r a b u s e ; a g e o f c o n s e n t :
C hild u n d er 18 (m a le o r fe m a le ), u n la w fu l sex u a l in t e r c o u r s e ; p u n ish m en t fo r
offen d er w h en co m p la in in g w itn ess is u n d er 10, 10—14, 15—17.
E ssen tia l elem en t o f th e crim e.
In d ecen t, lew d , o r la sciv io u s co n d u ct w ith c h i l d : F em a le ch ild u n d er 18.
A b d u c t io n ; p ro s titu tio n :
F em ale un der 18, a b d u ction .
F em ale un d er 18, p r o s t i t u t i o n ; p e n a lty f o r p a ren t o r g u a rd ia n co n se n tin g th ereto.
N otes—
C h ild u n d er 18 fou n d liv in g in h ou se o f p ro s titu tio n , ju r is d ic t io n o f ju v e n ile
cou rt.
M in or un d er 21, p e n a lty f o r a d m ittin g to h ou se o f p r o s titu tio n .
M in or u n d er 18, em p loy m en t as m essenger to h ou se o f p ro s titu tio n fo rb id d e n .
C A R N A L K N O W L E D G E O R A B U S E — A G E O F C O N SE N T

Child under 18 (male or fem ale), unlawful carnal knowledge or sexual
intercourse; punishment for offender if child is under 10, lO-lJy, 15-17.—
Every mule person who shall carnally know and abuse any female child under
the age of eighteen years, not his wife, and every female «person who shall
have sexual intercourse with any male child under the age of eighteen years,
not her husband, shall be punished as follow s:
(1) When such child is under the age o f ten years, by imprisonment in the
state penitentiary for life ;
(2) When such child is ten and under fifteen years of age, by imprisonment
in the state penitentiary for not less than five years;
(3) When such child is fifteen and under eighteen years of age, by im­
prisonment in the state penitentiary for not more than ten years, or by im­
prisonment in the county jail for not more than one year. [Pierce’s Code

1921, sec. 9108.]

Essential element of the crime.— Any sexual penetration, however slight,
is sufficient to complete sexual intercourse or carnal knowledge. [Ibid., sec.

9109.]

IN D E C E N T , L E W D , O R L A S C IV IO U S C O N D U C T W I T H

C H IL D

Female child under 18; taking indecent liberties with the person.—Every
person who shall take any indecent liberties with or on the person of any
female under the age of eighteen years, of chaste character, with or without
her consent, shall be guilty of a gross misdemeanor.10 [Ibid., sec. 9114.]
A B D U C T IO N — P R O S T IT U T IO N

Fem.ale under 18, abduction.— Every person who—
1. Shall take a female under the age o f 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; or,
*

*

*

4. Being the 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
10 T h e p e n a lty fo r g ross m isd em ean or when n o t oth e rw is e specified in th e la w is im ­
p rison m en t in ja il f o r n o t m ore th a n on e y ea r o r fine o f n o t m ore th a n $1,0 00 , o r b o th
fine a n d im p rison m en t.
[P ie r c e ’s C ode 1 9 2 1 ,-sec. 8 7 0 2 .]


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LAWS RELATING TO SEX OFFENSES AGAINST CHILDREN

69

or detention by any person for the purpose of prostitution or sexual inter­
course or for any obscene, indecent or immoral purpose;
Shall be guilty of abduction and pun shed by imprisonment in the state
penitentiary for not more than ten years or by a fine not more than one
thousand dollars, or by both. [Ibid., sec. 9111.]
Female under 18, prostitution; penalty for parent or guardian consenting
thereto.— Every person who— * * *
4. Being the husband of any woman, or the parent, guardian or other person
having legal charge of the person of a female under the age of eighteen years,
shall connive at, consent to,*or permit her being or remaining in any house of
prostitution or leading a life of prostitution; * * *
Shall be punished by imprisonment in the state penitentiary for not more
than five years or by a fine o f not more than two thousand dollars. [Ibid.,

sec. 9112.]
Notes.— A ch ild u n d er 18 y ea rs o f a ge fo u n d liv in g o r b e in g in a n y h ou se o f p r o s tit u ­
tio n o r a ssig n a tion m ay be b rou g h t u n d er th e ju r is d ic t io n o f th e ju v e n ile c o u r t as a
d ep en d en t ch ild .
[Ib id ., sec. 5 9 3 .]
A n y person w h o s h a ll a d m it or a llo w a m in or u n d er 21 in a rep u ted h o u se o f p r o s tit u ­
tio n m ay be fo u n d g u ilty o f a gross m isd em ean or. [Ib id ., sec. 8 8 3 1 .]
A m in or u n d er 18 m ay n o t be em p loy ed as a m essen ger to a k n o w n h ou se o f
p ro s titu tio n .
[I b id ., sec. 8 8 3 2 .]
W E S T V IR G IN IA
C arn a l k n ow led g e o r a b u s e ; age o f c o n s e n t : F em a le ch ild u n d er 1 6 ; a ccu sed o v e r 16,
p e n a l t y ; n ot a p p lica b le i f c o m p la in in g w itn e s s is o v e r 12 an d a ccu sed u n d er 16.
A b d u ctio n ; p r o s t i t u t i o n :
F em ale ch ild u n d er 14, a b d u ction .
N otes—
B o y un d er 16 o r g ir l un d er 18 fo u n d liv in g in h ou se o f ill fa m e, ju r is d ic tio n
o f ju v e n ile cou rt.
F em ales, p ro cu rin g f o r p r o s titu tio n
C A R N A L K N O W L E D G E O R A B U S E — A G E O F C O N SE N T

Female child under 16, unlawful carnal knowledge; accused over 16, penalty;
not applicable if complaining witness is over 12 and accused under 16.— * * *
I f any male person who is over the age of sixteen years carnally know a female,
not his wife, under that age, he shall be punished with death or with confine­
ment in the penitentiary for life, or if the jury add to its verdict a recom­
mendation for mercy, with confinement in the penitentiary for not less than
five nor more than twenty years, provided, always that this section shall not
apply to any male person under sixteen years o f age who carnally knows a
female over twelve years o f age with her free consent. [Code 1923 (Barnes’ ),

ch. 144, sec. 15 (Acts of 1921, ch. 90, p. 229).]
A B D U C T IO N — P R O S T IT U T IO N

Female child under Ilf, abduction.— I f any person * * * take from any
person having lawful charge of her, a female child under fourteen years of
age, for the purpose of prostitution or concubinage, he shall be confined in the
penitentiarv not less than three nor more than ten years. [Ibid., sec. 16

(Acts of 1901, ch. 101, p. 218).]
Notes.— A ch ild u n d er 18 w h o k n o w in g ly freq u en ts a h ou se o f ill rep u te m ay be fo u n d
b y th e ju v e n ile co u rt to be a “ d e lin q u e n t ” ch ild .
[I b id ., ch . 4 6 A , sec. 1 (A c t s o f 1919,
ch 111, sec. 1 ) . ]
A b oy un d er 16 or a g ir l u n d er 18 fou n d liv in g in a h ou se o f ill fa m e
m ay be fou n d b y a co u rt o f p rop er ju r is d ic tio n to be a “ n e g le c t e d ” ch ild .
[I b id ., sec.
4 9 , as am ended b y A cts o f 1923, ch . 2 7 ) . ]
P ro c u rin g fem a les f o r pu rp oses o f p r o s titu tio n .
[I b id ., ch. 144, sec. 1 6 a -1 6 b (A c t s o f
191 1 , ch . 22, p. 6 5 ) . ]
WISCONSIN
C arn a l k n ow led g e o r a b u s e ; a ge o f c o n s e n t : F em ale u n d er 1 8 ; a ccu se d o v e r 18, p e n a l t y ;
a ccu sed u n d er 18, p en a lty .
In d e ce n t, lew d , o r la sciv io u s co n d u ct w ith c h i l d :
F em ale ch ild u n d er 1 6 ; p e n a lty fo r m a le p erson o v e r 18.
M in o r ch ild (m a le o r fe m a le ), p e n a lty f o r p erson ta k in g in d e ce n t liberties.
A b d u ction ; sed u ction ; p r o s titu tio n :
F em ale u n d er 18, a b d u ctin g fo r im m ora l p u rp oses.
F em ale u n d er 21, p e n a lty fo r p e rm ittin g in h ou se o f p r o s tit u t io n f o r p u rp o se s o f
p ro s titu tio n .
N otes
C hild u n d er 16 fo u n d liv in g in h ou se o f i ll fa m e, ju r is d ic t io n o f ju v e n ile cou rt.
G irl u n d er 18, b oy u n d er 17, k n o w in g ly v is itin g su ch p la ce, ju r is d ic t io n o f
ju v e n ile cou rt.
W om en and girls, traffic in f o r im m ora l p u rp oses.
E m p loy m en t b u reau fo rb id d e n to send fem a le h elp t o p la ce o f bad r e p u t e ; s h a ll
n o t p erm it p ro cu re rs to freq u en t su ch p laces.


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70

LAWS RELATING TO SEX OFFENSES AGAINST CHILDREN
W ISC O N S IN — C on tin u ed
CARN AL K N OW LEDG E OR A BU SE — AGE

OF C O N SE N T

Female under 18, unlawful carnal knowledge and abuse; accused over 18,
penalty; under 18, penalty.—Any person over eighteen years of age who shall
unlawfully and carnally know and abuse any female under the age of eighteen
years shall be punished by imprisonment in the state prison not more than
thirty-five years nor less than one year, or by a fine not exceeding two hundred
dollars ; and any person of the age of eighteen years or under who shall
unlawfully and carnally know and abuse any female under the age of eighteen
years shall be punished by imprisonment in the state prison not more than ten
years nor less than one year, or by fine not exceeding two hundred dollars.
[Stats. 1928, sec. 4882.]
IN D E C E N T , L E W D , O R L A S C IV IO U S C O N D U C T W I T H C H IL D

Female child under 16; punishment for male person over 18.— Any male per­
son over the age of eighteen years who shall take indecent or improper liber­
ties with the person o f a female under the age of sixteen years, with or without
her consent, without intending to commit rape on such female, shall be pun­
ished by imprisonment in the state prison not more than two years nor less
than one year or by imprisonment in the county jail not more than six months,
or by fine not exceeding two hundred dollars. [Ibid., sec. 4588a.]
Minor child ( sex not specified), penalty for person taking indecent liber­
ties.—Any person who shall indecently assault and take improper liberties with
the privates of any minor by the use Of the hand, or who shall voluntarily
permit the use of his own privates in such manner by any minor, shall be pun­
ished by imprisonment in the county jail not less than thirty days nor more
than six months, or by imprisonment in the state prison not exceeding two
years. [Ibid., sec. 4591a.]
A B D U C T IO N — S E D U C T IO N — P R O S T IT U T IO N

Female under 18, abducting for immoral purposes.—Any person who, by force,
threats, promises or any other means or inducements, shall entice, inveigle,
solicit, induce or take any unmarried female o f previous chaste character of
the age of eighteen years or under from her father, mother, guardian or other
person having the legal care or custody of any such female, or from her home
or other place of abode, wherever she may be, for the purpose of seduction,
prostitution, or with intent to seduce, defile, deflower, or for the purpose of
entering, causing, inducing or procuring her to enter any house of ill fame,
assignation or other place of prostitution for the purpose o f prostitution, either
temporarily or as an inmate o f any such house or place, and any person who
shall directly or indirectly cause, procure or knowingly permit the same to be
done, or who shall in any way aid, abet or assist, directly or indirectly, in
doing such thing for any of the purposes aforesaid, or who shall cause, procure,
aid, assist, knowingly permit or abet in any manner the seduction, defilement,
deflowering or the having o f illicit intercourse with any such female by any
person, either at her home or other place o f abode or elsewhere, shall be pun­
ished by imprisonment in the state prison not more than ten years nor less than
one year or by fine not exceeding two hundred dollars. [Ibid ., sec. 4581a.]
Female under 21, penalty for permitting in house of prostitution for purpose
of prostitution.—Any person, being the owner, lessee or occupant of any prem­
ises, or having, in whole or in part, the management or control thereof, who
induces or knowingly permits any female under twenty-one years of age to
resort to or be in or upon such premises for the purpose of prostitution or un­
lawful sexual intercourse shall be punished by imprisonment in the state
prison not more than five years nor less than one year. [Ibid., sec. 4581e.]
Notes.— T h e term s “ d ep en d en t ch ild ” and “ n eg lecte d c h ild ” as d efined in th e ju v e
n ile co u rt la w in clu d e o n e u n d er th e a g e o f 16 fo u n d liv in g in a hou se o f ill fa m e,
an d “ d elin q u en t ch ild ” in clu d es a g irl u n d er 18 and a hoy u n d er 17 w h o k n o w in gly
v isits, enters, o r p a tron izes a hou se o f ill rep u te.
[I b id ., sec. 4 8 0 1 .]
T ra ffic in w om en o r g ir ls f o r im m ora l p u rp oses.
[I b id ., secs. 4 5 8 1 a —4 581L ]
E m p loy m en t bureau m ay n o t send fe m a le help , serv a n t, in m a te, o r o th e r p erson to
p la ce o f bad repute, an d s h a ll n o t k n o w in g ly p erm it p r o s titu te s or p ro cu re rs to fre q u e n t
its p la c e o f busin ess.
[I b id ., sec. 1 0 5 .1 2 ( 2 ) a n d (3 ).,]


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LAWS RELATING TO SEX OFFENSES AGAINST CHILDREN

71

W YOM ING
C arnal k n ow led g e o r a b u s e ; age o f c o n s e n t :
F em ale ch ild u n d er 1 8 ; p en a lty .
A tte m p t to com m it r a p e ; p en a lty .
A b d u ctio n ; s ed u ction ; p ro s titu tio n :
F em ale un der L8, p ro cu rin g f o r o r com p ellin g i llic it in terco u rse .
F em ale u n d er 21, sed u ction un d er p rom ise o f m arriage.
N ote— C hild un d er 21, u n la w fu l to p erm it in o r a b ou t hou se o f i ll fam e.
In d e ce n t, lew d , or la sciv io u s co n d u ct w ith c h i l d : M in or un der 21, p e n a lty fo r e n ticin g
o r in s tig a tin g to im m ora l p ra ctice s.
C A R N A L K N O W L E D G E O R A B U S E — A G E O F C O N SE N T

Female child under 18 years of age, carnal knowledge; penalty.— Whoever
unlawfully has carnal knowledge * * * o f a woman or female child under
the age of eighteen years, either with or without her consent, is guilty of rape,
and shall be imprisoned in the penitentiary for a term not less than one year,
or during life. [Comp. Stats. 1920, sec. 7080.]
Attempt to commit rape; punishment.— Whoever perpetrates an assault or
assault and battery upon any female with intent to commit the crime of rape,
shall, upon conviction, be imprisoned in the penitentiary not less than one
year nor more than fifty years. [Ib id ., sec. 7081.]
A B D U C T IO N — S E D U C T IO N — P R O S T IT U T IO N

Female under 18, procuring for or compelling illicit intercourse.—Whoever
induces, decoys, procures or compels any female under eighteen years of age,
* * * to have sexual intercourse with any person other than him self; or
knowingly permits any other person to have sexual intercourse with any
female of good repute for chastity; upon premises owned or controlled by him,
shall be imprisoned in the penitentiary not more than five years, or may be
imprisoned in the county jail not more than six months. [Ib id ., sec. 7208.]
Female under 21, seduction under promise of marriage.—-Any male person
who, under the promise of marriage, shall have illicit carnal intercourse with
any female of good repute for chastity, under the age of twenty-one years,
shall be deemed guilty of seduction, and shall be imprisoned in the penitentiary
not more than five years, or be imprisoned in the county jail not more than
twelve months. [Ib id ., sec. 7196.]
Note.— I t is u n la w fu l to reta in , h a rb or, em p loy , o r p erm it a ch ild u n d er 21 years
o f age in o r a b ou t a n y a ss ig n a tion hou se o r h ou se o f ill fa m e.
[I b id ., sec. 3 8 6 3 .]
IN D E C E N T ,

LEW D,

OR

L A S C IV IO U S

CONDUCT

W IT H

C H IL D

Minor under 21, penalty for enticing or instigating to immoral practices.—
* * *, whoever entices, allures, instigates or aids any person under the age
of twenty-one years to commit masturbation or self-pollution, is guilty of
sodomy, and shall be imprisoned in the penitentiary not more than five years
or may be imprisoned in the county jail not more than twelve months. [Ib id .,
sec. 7206.]


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TEXT OF FEDERAL LAWS
Offenses w ith in th e a d m ira lty an d m a ritim e an d th e te r r ito r ia l ju r is d ic t io n o f th e U n ited
S ta te s :
A ss a u lt w ith in te n t to rape.
R ape.
C arnal k n ow led g e o f fem a le un d er 16.
T ra ffic in fem a les fo r im m ora l pu rp oses— W h ite-sla v e traffic.
Im p o r ta tio n o f a lien s fo r im m ora l p u rp oses.
OFFENSES W ITH IN THE ADM IRALTY AND M ARITIME AND THE TERRITORIAL
JURISDICTION OF THE UNITED STATES
A n a c t to c o d ify , rev ise, an d am en d the pen a l la w s o f th e U n ited S ta tes.
4, 190th)

( A c t o f M arch

S e c . 276. Assault with intent to rape.—Whoever shall assault another with
intent to commit murder, or rape, shall be imprisoned not more than twenty
years. * * *. [35 Stat. 1143.]
S e c . 278. Rape.— Whoever shall commit the crime of rape shall suffer death.

[35 Stat. 1143.]

S e c . 279. Carnal knowledge of female under 16.—Whoever shall carnally and
unlawfully know any female under the age of sixteen years, or shall be acces­
sory to such carnal and unlawful knowledge before the fact, shall, for a first
offense, be imprisoned not more than fifteen years, and for a subsequent offense
be imprisoned not more than thirty years. [35 Stat. 1143.]
TRAFFIC IN FEMALES FOR IMMORAL PURPOSES— W H ITE-SLAVE TRAFFIC
A n A ct T o fu r th e r re g u la te in te rs ta te a n d fo re ig n com m e rce b y p ro h ib itin g th e im ­
p o r ta tio n th erein fo r im m ora l p u rp oses o f w om en an d g irls , and fo r o th e r p u rp oses.
(A c t o f Ju n e 25, 1 9 1 0 .)

Definition of terms “ interstate commerce ” and “ foreign commerce ” as used
in act.-—The term “ interstate commerce,” as used in this act, shall include
transportation from any State or Territory or the District of Columbia to any
other State or Territory or the District of Columbia, and the term “ foreign
commerce,” as used in this act, shall include transportation from any State
or Territory or the District of Columbia to any fore gn country and from any
fore gn country to any State or Territory or the District of Columbia. [36

Stat. 825.]

Woman or girl, transporting for immoral purposes or knowingly procuring
ticket, etc., to be used therefor, a felony; punishment.—Any person who shall
knowingly transport or cause to be transported, or aid or assist in obtaining
transportation for, or in transporting, in interstate or foreign commerce, or in
any Territory or in the District of Columbia, any woman or girl for the pur­
pose of prostitution or debauchery, or for any other immoral purpose, or with
the intent and purpose to induce, entice, or compel such woman or girl to be­
come a prostitute or to give herself up to debauchery, or to engage in any other
immoral practice; or who shall knowingly procure or obtain, or cause to be pro­
cured or obtained, or aid or assist in procuring or obtaining, any ticket or
tickets, or any form of transportation or evidence of the right thereto, to be
used by any woman or girl in interstate or foreign commerce, or in any Terri­
tory or the District of Columbia, in going to any place for the purpose of pros­
titution or debauchery, or for any other immoral purpose, or with the intent or
purpose on the part of such person to induce, entice, or compel her to give her­
self up to the practice of prostitution, or to give herself up to debauchery, or
any other immoral practice, whereby any such woman or girl shall be trans­
ported in interstate or foreign commerce, or in any Territory or the District of
Columbia, shall be deemed guilty o f a felony, and upon conviction thereof shall
be punished by a fine not exceeding five thousand dollars, or by imprisonment
of not more than five years, or by both such fine and imprisonment, in the dis­
cretion of the court. [36 Stat., 825.]
Persuading, inducing, enticing or coercing woman or girl to go from one
place to another for purpose of prostitution or with intent that she shall engage
in such practice either with or without her consent.— Any person who shall
knowingly persuade, induce, entice, or coerce, or cause to be persuaded, in­
duced. enticed, or coerced, or aid or assist in persuading, inducing, enticing, or
coercing any woman or girl to go from one place to another in interstate or
foreign commerce, or in any Territory or the District of Columbia, for the pur72

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LAWS RELATING TO SEX OFFENSES AGAINST CHILDREN

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pose of prostitution or debauchery, or for any other immoral purpose, or with
the intent and purpose on the part of such person that such woman or girl
shall engage in the practice of prostitution or debauchery, or any other im­
moral practice, whether with or without her consent, and who shall thereby
knowingly cause or aid or assist in causing such woman or girl to go and be
carried or transported as a passenger upon the line or route of any common
carrier or carriers in interstate or foreign commerce, or any Territory or the
District of Columbia, shall be deemed guilty of a felony and on conviction
thereof shall be punished by a fine of not more than five thousand dollars, or
by imprisonment for a term not exceeding five years or by both such fine and
imprisonment, in ,the discretion of the court. [36 Stat., 825.]
Girl under 18, enticing or coercing to prostitution or debauchery.— Any per­
son who shall knowingly persuade, induce, entice,-or coerce any woman or girl
under the age of eighteen years from any State or Territory or the District of
Columbia to any other State or Territory or the District o f Columbia, with the
purpose and intent to induce or coerce her, or that she shall be induced or
coerced to engage in prostitution or debauchery, or any other immoral prac­
tice, and shall in furtherance of such purpose knowingly induce or cause her to
go and to be carried or transported as a passenger in interstate commerce upon
the line or route of any common carrier or carriers, shall be deemed guilty of a
felony, and on conviction thereof shall be punished by a fine of not more than
ten thousand dollars, or by imprisonment for a term not exceeding ten years,
or by both such fine and imprisonment, in the discretion of the court. [ 36 Stat.,
826.]
Courts having jurisdiction over prosecutions for violations of above pro­
visions.— Any violation of any of the above sections two, three, and four shall
be prosecuted in any court having jurisdiction o f crimes within the district in
which said violation was committed, or from, through, or into which any such
woman or girl may have been carried or transported as a passenger in inter­
state or foreign commerce, or in any Territory or the District of Columbia,
contrary to the provisions of any o f said sections. [36 Stat., 826.]
Alien women and girls, to regulate and prevent transportation in foreign
commerce for purpose of prostitution; duties of Commissioner General of
Immigration; statement to be filed by 'person keeping or harboring alien
woman or girl for immoral purposes; failure to file statement; false state­
ment.— For the purpose of regulating and preventing the transportation in
foreign commerce of alien women and girls for purposes of prostitution and
debauchery, and in pursuance of and for the purpose of carrying out the terms
o f the agreement or project of arrangement for the suppression of the whiteslave traffic, adopted July twenty-fifth, nineteen hundred and two, for sub­
mission to their respective governments by the delegates of various powers
represented at the Paris conference and confirmed by a formal agreement signed
at Paris on May eighteenth, nineteen hundred and four, and adhered to by the
United States on June sixth, nineteen hundred and eight, as shown by the
proclamation of the President of the United States, dated June fifteenth,
nineteen hundred and eight, the Commissioner General of Immigration is
hereby designated as the authority of the United States to receive and central­
ize information concerning the procuration of alien women and girls with a
view to their debauchery, and to exercise supervision over such alien women
and girls, receive their declarations, establish their identity, and ascertain
from them who induced them to leave their native countries, respectively;
and it shall be the duty o f said Commissioner General o f Immigration to re­
ceive and keep on file in his office the statements and declarations which may
be made by such alien women and girls, and those which are hereinafter re­
quired pertaining to such alien women and girls engaged in prostitution or
debauchery in this country, and to furnish receipts for such statements and
declarations provided for in this act to the persons, respectively, making and
filing them.
Every person who shall keep, maintain, control, support, or harbor in any
house or place for the purpose of prostitution, or for any other immoral
purpose, any alien woman or girl within three years after she shall have
entered the United States from any country, party to the said arrangement
“or the suppression of the white-slave traffic, shall file with the Commissioner
General of Immigration a statement in writing setting forth the name of
such alien woman or girl, the place at which she is kept, and all facts as to
the date of her entry into the United States, the port through which she
entered, her age, nationality, and parentage, and concerning her procuration
to come to this country within the knowledge of such person, and any person

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74

LAWS RELATING TO SEX OFFENSES AGAINST CHILDREN

who shall fail within thirty days after such person shall commence to keep,
maintain, control, support, or harbor in any house or place for the purpose of
prostitution, or for any other immoral purpose, any alien woman or girl within
three years after she shall have entered the United States^ from any of the
countries, party to the said arrangement for the suppression of the whiteslave traffic, to file such statement concerning such alien woman or girl with
the Commissioner General of Immigration, or who shall knowingly and will­
fully state falsely or fail to disclose in such statement any fact within his
knowledge or belief with reference to the age, nationality, or parentage of
apy such alien woman or girl, or concerning her procuration to come to this
country, shall be deemed guilty of a misdemeanor, and on conviction shall
be punished by a fine of not more than two thousand dollars, or by imprison­
ment for a term not exceeding two years, or by both such fine and imprison­
ment, in the discretion of the court.
In any prosecution brought under this section, if it appear that any such
statement required is not on file in the office of the Commissioner General o f
Immigration, the person whose duty it shall be .to file such statement shall be
presumed to have failed to file said statement, as herein required, unless
such person or persons shall prove otherwise. No person shall be excused
from furnishing the statement, as required by this section, on the ground or
for the reason that the statement so required by him, or the information therein
contained, might tend to criminate him or subject him to a penalty or for­
feiture, but no person shall be prosecuted or subjected to any penalty or fo r­
feiture’ under any law of the United States for or on account of any trans­
action, matter, or thing, concerning which he may truthfully report in such
statement, as required by the provisions of this section. [36 Stat. 826.]
Definition of terms “ Territory ” and “ person" as used in a ct; liability of
person corporation, society or association.— The term “ Territory,” as used
in this act, shall include the district of Alaska, the insular possessions of the
United States, and the Canal Zone. The word “ person,” as used in this act,
shall be construed to import both the plural and singular, as the case demands,
and shall include corporations, companies, societies, and associations. When
construing and enforcing the provisions of this act, the act, omission, or fail­
ure of any officer, agent, or other person, acting for or employed by any other
person or by any corporation, company, society, or association within the scope
of his employment or office, shall in every case be also deemed to be the act,
omission, or failure of such other person, or of such company corporation,
society, or association, as well as that of the person himself. 136 Stat., 827.]
IMPORTATION OF ALIENS FOR IMMORAL PURPOSES
A n a ct to reg u la te t h e im m ig ra tion o f a lien s to, a n d t h e resid e n ce o f a lie n s in , th e
U n ited S ta tes.
( A c t o f F e b ru a ry 5, 1 9 1 7 .)

The importation into the United States of any alien for the purpose of pros­
titution, or for any other immoral purpose, is hereby forbidden; and who­
ever shall, directly or indirectly, import, or attempt to import into the United
States any alien for the purpose of prostitution or for any other immoral
purpose, or shall hold or attempt to hold any alien for such purpose in pur­
suance of such illegal importation, or shall keep, maintain, control, support,
employ, or harbor in any house or other place, for the purpose of prostitution
or for any other immoral purpose, any alien, in pursuance o f such illegal im­
portation, shall in every such case be deemed guilty o f a felony, and on con­
viction thereof shall be punished by imprisonment for a term of not more
than ten years and by a fine of not more than $5,000. Jurisdiction for the
trial and punishment of the felonies hereinbefore set forth shall _be^ in any
district to or into which said alien is brought in pursuance of said importa­
tion by the person or persons accused, or in any district in which a violation
of any of the foregoing provisions of this section occurs. That any alien who
shall after he has been excluded and deported or arrested and deported in
pursuance of the provisions of this act which relate to prostitutes, procurers, or
other like immoral persons, attempt thereafter to return to or to enter the
United States shall be deemed guilty of a misdemeanor, and on conviction
thereof shall be punished by imprisonment for a term of not more than tw
years. In all prosecutions under this section the testimony o f a husband or
wife shall be admissible and competent evidence against each other. [39

Stat., 878.]


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