§ 274. Disturbing religious meetings.—A person who willfully disturbs, interrupts or disquiets any assemblage of people met for religious worship, by any of the acts enumerated in the next section, is guilty of a misdemeanor.

See §§ 448, 650, post; Wall v. Lee, 34 N. Y. 141; People v. Brown, 1 Wh. Cr. C. 124; People v. Crowley, 23 Hun, 412; People v. Degey, 2 Wh. Cr. C. 135; State v. Smith, 5 Harring, 490. Bad singing. State v. Linkhaw, 69 N. C. 214; S. C., 1 Green's Cr. R. 488; State v. Jasper, 4 Dev. 323; First Bapt. Ch. v. Utica & S. R. Co., 6 Barb. 319; Foster v. Smith, 10 Wend. 377; Farren v. Warren, 3 id. 253; Becket v. Lawrence, 7 Abb. (N. S.) 403.

§ 275. Id.; definition of the offense.-The following acts, or any of them, constitute disturbance of a religious meeting:

1. Uttering any profane discourse, committing any rude or indecent act, or making any unnecessary noise, either within the place where such meeting is held, or so near it as to disturb the order and solemnity of the meeting;

2. Engaging in, or promoting, within two miles of the place where a religious meeting is held, any racing of animals or gaming of any description;

3. Obstructing in any manner, without authority of law, within the like distance, free passage along a highway to the place of such meeting.

People v. Crowley, 23 Hun, 412; State v. Linkhaw, 69 N. C. 214; Lancaster v. State, 53 Ala. 393; Brown v. State, 46 id. 175; Wood v. State, 11 Tex. App. 318; Hunt v. State, 3 id. 116; State v. Edwards, 32 Mo. 550; Jenning's case, 3 Gratt. 624; Hollingsworth v. State, 5 Sneed, 518; Williams v. State, 3 id. 313; Layne v. State, 4 Lea, 199; Cockreham v. State, 7 Humphreys, 11.

§ 276. Processions and parades. Punishment.- All processions and parades on Sunday in any city, excepting only funeral processions for the actual burial of the dead, and processions to and from a place of worship in connection with a religious service there celebrated, are forbidden; and in such excepted cases there shall be no music, fire-works, discharge of cannon or fire-arms, or other disturbing noise. At a military funeral, and at the burial of a national guardsman or of a deceased member of an association of veteran soldiers, or of a disbanded militia regiment, music may be played while escorting the body, but not, within one block of a place of worship where service is then celebrated.

A person willfully violating any provision of this section is punishable by fine not exceeding twenty dollars, or imprisonment not exceeding ten days, or by both. [AMD. CH. 358 of 1883. Ch. 302 of 1883 also amends this section, but was amended as above.]

§ 277. Theatrical and other performances.- The performance of any tragedy, comedy, opera, ballet, farce, negro minstrelsy, negro or other dancing, wrestling, boxing with or without gloves, sparring contest, trial of strength, or any part or parts therein, or any circus, equestrian, or dramatic performance or exercise, or any performance or exercise of jugglers, acrobats, club performances or ropedancers, on the first day of the week, is forbidden; and every person aiding in such exhibition, performance or exercise, by advertisement, posting or otherwise, and every owner or lessee of any garden, building or other room, place or structure, who leases or lets the same for the purpose of any such exhibition or performance or exercise, or who

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assents to the use of the same for any such purpose, if it be so used, is guilty of a misdemeanor.

In addition to the punishment therefor provided by statute, every person violating this section is subject to a penalty of five hundred dollars; which penalty "The Society for the Reformation of Juvenile Delinquents" in the city of New York, for the use of that society, and the overseers of the poor in any other city or town, for the use of the poor, are authorized, in the name of the people of this state, to recover. Besides this penalty, every such exhibition, performance or exercise, of itself, annuls any license which may have been previously obtained by the manager, superintendent, agent, owner or lessee, using or letting such building, garden, room, place or other structure, or consenting to such exhibition, performance or exercise. [AMD. CH. 358 of 1883.]

Constitutional. Neuendorf v. Duryea, 69 N. Y. 557; S.C., 6 Daly, 276.

CHAPTER II.

RAPE, ABDUCTION, CARNAL ABUSE OF CHILDREN, AND SEDUCTION.

278. Rape defined.-A person 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 any 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 of immediate and great bodily harm, which she has reasonable cause to believe will be inflicted upon her; or,

4. When her resistance is prevented by stupor, or weakness of mind produced by an intoxicating, or narcotic, or anesthetic agent; or, when she is known by the defendant to be in such state of stupor or weakness of mind from any cause; or,

A

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 custody of the law, or of 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. person who perpetrates an act of sexual intercourse with a female, not his wife, under the age of sixteen years, under circumstances not amounting to rape in the first degree, is guilty of rape in the second degree, and punishable with imprisonment for not more than ten years. [AMD. CH. 325 of 1892. In effect September 1, 1892.]

See latter part of amending act in § 303, post.

See § 218, sub. 2, supra. Bape. Force. Walter v. People, 50 Barb. 144. Resistance. People v. Dohring, 59 N. Y. 374; State v. Burgdorf, 53 Mo. 65; Strang v. People, 24 Mich. 1. Insensibility. People v. Quinn, 50 Barb. 128. By fraud. People v. Bartow, 1 Wh. Cr. C. 378. Incest is merged in rape. People v. Harriden, 1 Park. 344. No felonious assault in case of consent. People v. Persons, 2 N. Y. Cr. 114; People v. Bransby, 32 N. Y. 525; State v. Niles, 47 Vt. 82. Consent. State v. Hartigan, 32 Vt. 607, Hull v. State, 22 Wis. 580; People v. Jackson, 3 Park. 391; Woodin v. People, 1 id. 464; People v. Abbott, 19 Wend. 191, 201. Proof of character of prosecutrix admissible. Brennan v. People, 7 Hun, 171; and may be contradicted as to other acts, id. Indictment. People v. Draper, 28 Hun, 1. Sub. 1. People v. Stamford, 2 Wh. Cr. C. 152; Singer v. People, 13 Hun, 418; Stephen v. State, 11 Ga. 225; State v. Farmer, 4 Ired. 224. Indictment. Singer v. People, 13 Hun, 418; 75 N. Y. 608.

Sub. 2. Reg. v. Fletcher, 8 Cox Cr. C. 131; Reg. v. Ryan, 2 id. 115; State v. Cron., 10 West. L. J. 501; McNamara's case, Oakley, 521.

Sub. 3. People v. Morrison, 1 Park. 625. Resistance necessary by child over ten years. People v. Dohring, supra; People v. C. S. S., 18 Hun, 330; Charles v. State, 6 Eng. 389; State v. Jim, 1 Den. 142; Pollard v. State, 2 Clarke, 567; Myatt v. State, 2 Swan, 394; Lewis v. State, 30 Ala. 54; State v. Blake, 39 Mo. 322; Barney v. People, 22 Ill. 160; People v. Clemons, 37 Hun, 580.

Sub. 4. Pleasant v. State, 8 Eng. 360; Wright v. State, 4 Humph. 194; Reg. v. Hallett, 9 Car. & P. 748; Reg. v. Day, id. 722; Croghan v. State, 22 Wis. 444; Wright v. State, 4 Humph. 194.

Sub. 5. People v. Quinn, supra; Reg. v. Camplin, 1 Cox Cr. C. 220; Whart. & Stille Med. Jur., §§ 441-443.

Sub. 6. Anon., 1 Wh. Cr. C. 381, n. See People v. Bartow, supra. See Gordhon's case, 3 C. H. Rec. 91; People v. Quinn, supra; Walter v. People, 50 Barb. 144. See People v. Connor, 31 N. Y. State Rep'r, 168; People v. Bowles, 3 N. Y. Cr. 447; People v. Clemons, id. 565; Gongleman v. People, 3 Park. 15; People v. O'Sullivan, 104 N. Y. 481; Higgins v. People, 1 Hun, 307; aff'd, 58 N. Y. 377; People v. Crowley, 102 id. 234; People v. Batterson, 50 Hun, 46; Baccio v. People, 41 N. Y. 265; People v. Stott, 5 N. Y. Cr. 61; Zophi v. Smith, 55 Hun, 551; Woodin v. People, 1 Park. 464; Conkey v. People, 5 id. 31: 1 Abb. Dec. 418; Higgins v. People, 58 N. Y. 377; Woods v. People, 55 id. 515; Brennan v. People, How. 171; Hays v. People, 1 Hill, 351; People v. Maxon, 57 Hun, 367; 32 N. Y. State Rep'r, 132; People v. Aldrich, 33 id, 790; Com. v. Burke, 105 Mass. 376; People v Connor, 37 N. Y. State Rep'r, 25, aff'g 31 id. 162; People v. De Leon, 109 N. Y. 230; People v. Draper, 28 Hun, 1; People v. Zimmerman, 1 N. Y. State Rep'r, 468; People v. Clark, 3 N. Y. Cr. 280; Stephens v. State, 34 Alb. L. J. 228.

§ 279. When physical ability must be proved. No conviction for rape can be had against one who was under the age of fourteen years, at the time of the act alleged, unless his physical ability to accomplish penetration is proved as an independent fact, beyond a reasonable doubt.

People v. Randolph, 2 Park. 174. Child under fourteen cannot be convicted of assault with intent to rape, unless ability proved. See Williams v. State, 14 Ohio, 222; People v. Croucher, 2 Wheeler Cr. Cases, 42; Wagoner v. State, 5 Lea, 352; 40 Am. Rep. 36; Hiltabiddle v. State, 35 Ohio, 52; 35 Am. Rep. 595. See 10 Cr. L. Mag. 89.

§ 280. Penetration sufficient. - Any sexual penetration, however slight, is sufficient to complete the crime.

People v. Crowley, 102 N. Y. 237; 4 N. Y. Cr. 168; Taylor v. State, 111 Ind. 279; Brown v. State, 76 Ga. 623. See 80 Am. Dec. 361.

281. Compelling woman to marry. A person who by force, menace or duress, compels a woman against her will to marry him, or to marry any other person, or to be defiled, is punishable by imprisonment for a term not exceeding ten years, or by a fine of not more than one thousand dollars, or by both.

See § 282, subd. 3, post. Fraud unattended by force or intent to use force, not rape. Walter v. People, 50 Barb. 144. See Beyer v. People, 86 N. Y. 369; Schnicker v. People, 88 id. 192.

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195

§ 282. Abduction.

A person who,

1. Takes, receives, employs, harbors or uses, or causes or procures to be taken, received, employed or harbored or used, a female under the age of sixteen years, for the purpose of prostitution; or, not being her husband, for the purpose of sexual intercourse; or without the consent of her father, mother, guardian or other person having legal charge of her person, for the purpose of marriage; or,

2. Inveigles or entices an unmarried female, of previous chaste character, into a house of ill-fame or of assignation, or elsewhere, for the purpose of prostitution or sexual intercourse; or

3. Takes or detains a female unlawfully against her will, with the intent to compel her, by force, menace, or duress, to marry him, or to marry any other person, or to be defiled; or,

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

Is guilty of abduction, and punishable by imprisonment for not more than five years, or by a fine of not more than one thousand dollars, or by both. [AMD. CH. 46 of 1884, and CH.31 of 1886.]

See § 281, supra. Recommending female to house of prostitution. Wittenburgh's case, 3 C. H. Rec. 49. Actual chastity must be proved. Kauffman v. People, 11 Hun, 82; Carpenter v. People, 8 Barb. 603; People v. Parshall, 6 Park. 129. Purpose of prostitution as well as taking must be shown. People v. Plath, 100 N. Y. 590, rev'g 36 Hun, 454.

Sub. 1. Reg. v. Monkletow, 6 Cox Cr. C. 143; Reg. v. Kipps, 4 id. 167; Reg. v. Frazer, 8 id. 446; Reg. v. Biswell, 2 id. 279; Reg. v. Timmons, 8 id. 401; Reg. v. Tinkler, 1 Fost. & F. 513. Legal charge of person. State v. Ruhl, 8 Clarke, 447; People v. Seeley, 37 Hun, 190; Moot v. Moot, id. 288.

Sub. 2. Unchastity, character of, how proved. People v. Kane, 14 Abb. Pr. 15; Crozier v. People, 1 Park. 453; People v. Kenyon, 5 id. 254. See Conkey v. People, id. 431; People v. Sheppard, 44 Hun, 565; 5 N. Y. Cr. 136; Kenyoň v. People, 26 N. Y. 203; 5 Park. 254; Schnicker v. People, 88 N. Y. 192; People v. Brandt, 110 id. 657; 14 N. Y. State Rep'r, 419; People v. Stott, 4 N. Y. Cr. 308; 5 id. 65; People v. Seeley, 101 N. Y. 642; People v. Powell, 4N. Y. Cr. 590; People v. Gibson, 6 id. 390; 4 N. Y. Supp. 170; Slocum v. People, 90 Ill. 274; State v. George, 93 N. C. 567; People v. Carrien, 46 Mich. 442; People v. Cook, 61 Cal. 479; State v. Gordon, 46 N. J. L. 432; Lyons v. State, 52 Ind. 426; Safford v. People, 1 Park. 478; People v. Crotty, 30 N. Y. State Rep'r, 45.

§ 283. No conviction on certain testimony.-No conviction can be had for abduction, compulsory marriage, rape or defilement, upon the testimony of the female abducted, compelled or defiled, unsupported by other evidence. [AMD. CH. 663 of 1886.]

People v. Plath, 100 N. Y. 590; 4 N. Y. Cr. 53; People v. Crowley, 102 N. Y. 234; People v. Brandt, 110 id. 647; 14 N. Y. State Rep'r, 419; People v. O'Sullivan, 104 N. Y. 481; People v. Stott, 5 N. Y. Cr. 61; People v. Cullen, 23 N. Y. State Rep'r, 559; 5 N. Y. Supp. 886; People v. Powell, 4 N. Y. Cr. 586; Conkey v. People, 1 Abb. App. Dec. 418; Crandall v. People, 2 Lans. 309; Woodin v. People, i Park. 464; People v. Morris, 35 N. Y. State Rep'r, 942.

§ 284. Seduction under promise of marriage.-A person who, under promise of marriage, seduces and has sexual intercourse with an unmarried female of previous chaste character, is punishable by imprisonment for not more than five years, or by a fine of not more than one thousand dollars, or by both.

Conditional promise of marriage sufficient. Kenyon v. People, 26 N. Y. 203; S. C., 5 Park. 254; Boyce v. People, 55 N. Y. 644. Defendant must have arrived at age of puberty, need not be of full age. People v. Kenyon, supra; Crozier v. People, 1 Park. 453. But see Cook v. People, 2 S. C. 404. If known

that defendant was a married man, no offense. People v. Alger, 1 Park. 333. Mutual promise on part of complainant is implied. People v. Kenyon, supra; People v. Kane, 14 Abb. Pr. 15. Existence of pregnancy not essential to conviction. Cook v. People, 2 S. C. 404. Previous chaste character presumed. People v. Kane, 14 Abb. Pr. 15. Character of promise. People v. Alger, supra; Crozier v. People, supra; State v. Bierce, 27 Conn. 319. Unmarried female. West v. State, 1 Wis. 209. Chaste character. Carpenter v. People, 8 Barb. 603; Safford v. People, 1 Park. 474; Andre v. State, 5 Clarke, 389; Boak v. State, id. 430; Wood v. State, 48 Ga. 192. See Kauffman v. People, 11 Hun, 82. Unchastity, how proved. People v. Kane, 14 Abb. Pr. 15; Conkey v. People, 5 Park. 431; People v. McArdle, id. 180; Crandall v. People, 2 Lans. 309; People v. Kane, 14 Abb. 15; People v. Eckert, 2 N. Y. Cr. 470. See People v. Hustis, 32 Hun, 58; 2 N. Y. Cr. 448; People v. Johnson, 104 N. Y. 213; 5 N. Y. Cr. 218, aff'g 4 id. 591; Reynolds v. People, 41 How. 179; State v. Prizer, 49 Iowa, 531; State v. Higdom, 32 id. 262; Callahan v. State, 63 Ind. 198; Oliver v. Com., 101 Penn. St. 215: People v. De Fore, 64 Mich. 693; Zabriskie v. State, 43 N. J. L. 640; Polk v. State, 40 Ark. 482; People v. Roderigas, 49 Cal. 9; People v. Squires, 49 Mich. 487; Patterson v. Hayden, 17 Ore. 238; Croghan v. State, 22 Wis. 444; People v. Crotty, 30 N. Y. State Rep'r, 45; People v. Kearney, 110 N. Y. 188, rev'g 47 Hun, 129.

§ 285. Subsequent marriage. – The subsequent intermarriage of the parties, or the lapse of two years after the commission of the offense before the finding of an indictment, is a bar to a prosecution for a violation of the last section.

See People v. Millspaugh, 11 Mich. 278.

$286. Complainant must be corroborated. No conviction can be had for the offense specified in section 284, upon the testimony of the female seduced, unsupported by other evidence.

See § 399, Code Cr. Proc.; Armstrong v. People, 70 N. Y. 38. Corroboration must be as to promise and intercourse, not as to chastity or being unmarried. People v. Kenyon, 5 Park. 254. Nature of corroborative evidence necessary. Boyce v. People, 55 N. Y. 644; Crozier v. People, 1 Park. 453; People v. Lomax, 6 Abb. Pr. 139; People v. Hine, 2 Edm. S. C. 110; People v. Kearney, 110 N. Y. 188, rev'g 47 Hun, 129; Crandall v. People, 2 Lans. 209; Cook v. People, 2 Th. & C. 404; People v. Alger, 1 Park. 333; State v. Araah. 55 Iowa, 250; State v. Patterson, 88 Mo. 88; State v. Brassfield, 81 id. 151; State v. Brinkhans, 7 Cr. L. Mag. 343; People v. Jensen, 33 N. W. Rep'r, 811; State v. Hill, 4 S. W. Rep'r, 121; Rice v. Com., 100 Penn. St. 28.

CHAPTER III.

ABANDONMENT AND OTHER ACTS OF CRUELTY TO CHILDREN.

SEC. 287. Abandonment of child under six years.

288. Unlawfully omitting to provide for child.

289. Endangering life, health or morals of child.

290. Keepers of concert saloons, etc.

291. Children not to beg, etc.

292. Certain employment of a child.
293 Duty of officers of society.

287. Abandonment of child under six years. A parent, or other person having the care or custody, for nurture or education, of a child under the age of six years, who deserts the child in any place, with intent wholly to abandon it, is punishable by imprisonment in a state prison, for not more than seven years. [AMD. CH. 325 of 1892. In effect September 1, 1892.]

See latter part of amending act in § 303, post.

Reg. v. Chandler, 1 Jur. (N. S.) 429; Reg. v. Gray, 7 Cox Cr. C. 326; Reg. v. S., 5 id 279; Reg. v. Philpot, 6 id. 140. Custodian. State v. Ruhl, 8 Iowa, 447. See People, ex rel. Douglass, v. Naehr, 30 Hun, 461; Bayne v. People, 14 id. 131.