CHAPTER XIII.

 

POLYGAMY—ADULTERY—FORNICACTION—INCEST—SODOMY

 

CONTENTS.

 

SECTION 1.  Polygamy—Punishment.

2.     Married persons defined.

3.     Husband or wife beyond sea—person divorced.

4.     Adultery defined.

5.     Punishment.

6.     Fornication defined—Punishment if parties marry penalty not to be imposed.

7.     Illicit cohabitation punished as adultery

8.     Lewd conversation, lascivious conduct, etc.

9.     Carnal connection with a female under fourteen years of age—Punishment.

10.  Incest defined—Punishment.

11.  Sodomy defined—Punishment.

12.  Pregnancy.

13.  Cohabitation after divorce—Punishment.

14.  Civil action for criminal conversation or seduction—Female not liable to criminal Prosecution.

 

1. Every married person who marries another husband or wife within this kingdom, or having married another husband or wife out of this kingdom, cohabits with such other husband or wife within this kingdom, is guilty of polygamy and shall be punished by a fine not exceeding five hundred dollars, and imprisonment at hard labor not exceeding two years.

 

2.  A married person within the meaning of this chapter is one having a husband or wife living.

 

3. A person, whose husband or wife has been continually remaining beyond sea, or having voluntarily withdrawn himself or herself, has remained absent for the space of four years, and not been known by him or her to be living, shall not be considered a married person within the meaning of this law neither shall a person, who has been legally divorced from the bond of matrimony, be subject thereto, iii case his or her crime or misconduct was not the occasion of the divorce.

 

4. (As amended by the Act of 14th February, 1859.) Sexual intercourse between a man, marred or unmarried, and a married woman not his wife, is adultery by each ; and between a married man and an unmarried woman, is adultery by each.

 

5. Every man who commits adultery shall be punished by a line not exceeding one hundred nor less than thirty dollars, or imprisonment at hard labor not more than twelve nor less than three months, or by both fine and imprisonment within the aforementioned limits, in the discretion of the court; and every woman who commits adultery shall be punished by a fine not exceeding thirty nor less then ten dollars, or imprisonment at hard labor not more than four nor less than two months, in the discretion of the court. (1866, P. 4.)

 

6. Fornication is sexual intercourse between an unmarried man and an unmarried woman. Whoever is guilty of the same shall be punished by a fine not exceeding fifty nor less than fifteen dollars or by imprisonment at hard labor not more than three months nor less than one month, in the discretion of the court. But if they shall lawfully marry, with the consent of’ their parents, then the above penalty shall not be imposed (1866, p.4)

 

7. (As amended by the Act of 22d June, 1852.) Illicit cohabitation. shall hereafter or be punished as adultery.

 

8. Any man or woman who is guilty of’ lewd conversation, lascivious conduct, or libidinous solicitation, shall be punished by a fine not less than two nor more than ten dollars, or by imprisonment at hard labor not exceeding ten days.

 

9. Whoever shall be convicted before any police or district justice of the kingdom, of having sexual or carnal intercourse with any female of this kingdom, under the age of fourteen years, shall be imprisoned at hard labor for any term, not less than three nor more than eighteen months, in the discretion of the court. (1864, p.15)

 

10.  Persons within the degrees of consanguinity or affinity, within which marriage is prohibited, who intermarry with each other, or commit an act of sexual intercourse with each other, are guilty of incest, and shall be punished by fine not exceeding five hundred dollars, or by imprisonment at hard labor for not more than ten years.

 

11.  Whoever commits sodomy, that is, the crime against nature, either with mankind or any beast, shall be punished by a fine not exceeding one thousand dollars, and by imprisonment at hard labor not more than twenty years.

 

12.  No woman shall be charged with or convicted of the offense of adultery fornication because she is found pregnant, or has given birth to a child. (1862, p. 12.)

 

13.  If any persons, after being divorced for any cause whatever, shall cohabit as husband and wife, they shall be liable to all the penalties provided by the laws against adultery. (Section 1335 Civil Code.)

 

14.  Whenever, in any case of criminal conversation or seduction, an action at law for the recovery of damages shall be instituted by any party entitled to maintain such action, then, and in that case, the woman who may have been the subject of such criminal conversation or seduction shall not be liable to be prosecuted criminally for adultery or fornication, under the provisions of this chapter. (1862, p. 12.)