CHAPTER VII. INDECENT EXPOSURES, OBSCENE EXHIBITIONS, BOOKS, AND PRINTS, AND BAWDY AND OTHER DISORDERLY HOUSES. SEC. 316. Exposure of person. 317. Possessing, etc., obscene prints. 318 Indecent articles, etc. 319. Mailing, carrying obscene print, etc. 320. Warrant to sheriff to search, etc. 321. Physician's instruments. 322. Keeping disorderly houses, etc. -- $316. Exposure of person. A person who willfully and lewdly exposes his person, or the private parts thereof, in any public place, or in any place where others are present, or procures another so to expose himself, is guilty of a misdemeanor. What is a public place. People v. Bixby, 4 Hun, 636; 67 Barb. 221. Intent material. Miller v. People, 5 Barb. 203. Ill. See State v. Millard, 18 Vt. 574. Indecent exposure, what is. Com. v. Wardell (Mass.), 19 Alb. L. J. 135; 128 Mass. 52; 35 Am. Rep. 357; Van Houten v. State, 46 N. J. L. 16; 50 Am. Rep. 397; Reg. v. Willard, 36 Eng. Rep. 610. $317. Obscene prints. A person who sells, lends, gives away or shows, or offers to sell, lend, give away, or show, or has in his possession with intent to sell, lend or give away, or to show, or adver tises in any manner, or who otherwise offers for loan, gift, sale or distribution, any obscene, lewd, lascivious, filthy, indecent or disgusting book, magazine, pamphlet, newspaper, story paper, writing, paper, picture, drawing, photograph, figure or image, or any written or printed matter of an indecent character; or any article or instrument of indecent or immoral use, or purporting to be for indecent or immoral use or purpose, or who designs, copies, draws, photographs, prints, utters, publishes, or in any manner manufactures, or prepares any such book, picture, drawing, magazine, pamphlet, newspaper, story paper, writing, paper, figure, image, matter, article or thing, or who writes, prints, publishes or utters, or causes to be written, printed, published or uttered any advertisement or notice of any kind, giving information, directly or indirectly, stating, or purporting so to do, where, how, of whom, or by what means any, or what purports to be any, obscene, lewd, lascivious, filthy, disgusting or indecent book, picture, writing, paper, figure, image, matter, article or thing named in this section can be purchased, obtained or had, or who 2. Prints, utters, publishes, sells, lends, gives away or shows, or has in his possession with intent to sell, lend, give away or show, or otherwise offers for sale, loan, gift or distribution, any book, pamphlet, magazine, newspaper or other printed paper devoted to the publication, and principally made up of criminal news, police reports, or accounts of criminal deeds, or pictures, or stories of deeds of bloodshed, lust or crime; or who 3. In any manner, hires, employs, uses or permits any minor or child to do or assist in doing any act or thing mentioned in this section, or any of them is guilty of a misdemeanor, and, upon conviction, shall be sentenced to not less than ten days nor more than one year imprisonment, or be fined not less than fifty dollars nor more than one thousand dollars, or both, for each offense. [AMD. CH. 380 of 1884; 692 of 1887.] See § 297, supra; Willis v. Warren, 1 Hilt. 590. Evidence of sales of similar pictures by others, immaterial. People v. Muller, 19 W. Dig 256; 2 N. Y. Cr. 279: id. 375; 32 Hun, 209; aff'd, 96 N Y. 408; People v. Hallenbeck, 52 How. 502; United States v. Stenker, 32 Fed. Rep'r, 693; Same v. Bennett, 16 Blatchf, 338; State v. Brown, 27 Vt. 619; State v. Millard, 18 id. 574; Com. v. Holmes, 17 Mass. 336, Com. v. Landis, 8 Phila. 453; McNair v. People, 98 Ill. 441; State v. Pennington, 2 Lea, 506. 318. Indecent articles.- A person who sells, lends, gives away, or in any manner exhibits or offers to sell, lend or give away, or has in his possession with intent to sell, lend or give away, or advertises, or offers for sale, loan or distribution, any instrument or article, or any recipe, drug or medicine for the prevention of conception, or for causing unlawful abortion, or purporting to be for the prevention of conception, or for causing unlawful abortion, or advertises, or holds out representations that it can be so used or applied, or any such description as will be calculated to lead another to so use or apply any such article, recipe, drug, medicine or instrument, or who writes or prints or causes to be written or printed, a card, circular, pamphlet, advertisement or notice of any kind, or gives information orally, stating when, where, how, of whom, or by what means such an instrument, article, recipe, drug or medicine can be purchased or obtained, or who manufactures any such instrument, article, recipe, drug or medicine, is guilty of a misdemeanor, and shall be liable to the same penalties as provided in section 317 of this Code. [AMD. CH. 692 of 1887.] § 319. Mailing, carrying obscene print, etc.- A person who deposits, or causes to be deposited, in any post-office within the state, or places in charge of an express company, or of a common carrier, or other person, for transportation, any of the articles or things specified in the last two sections, or any circular, book, pamphlet, advertisement, or notice relating thereto, with the intent of having the same conveyed by mail or express, or in any other manner, or who knowingly or willfully receives the same, with intent to carry or convey, or knowingly or willfully carries or conveys the same, by express, or in any other manner except in the United States mail, is guilty of a misdemeanor. § 320. Warrant to sheriff to search, etc.- A magistrate having jurisdiction to issue warrants in criminal cases, upon complaint that any person within his jurisdiction is offending against the provisions of this chapter, supported by oath or affirmation, must issue a warrant, directed to the sheriff or to any constable, marshal, or police officer within the county, directing him to search for, seize, and take possession of any of the articles specified in this chapter, in the possession of the person against whom complaint is made. The magistrate must immediately transmit every article seized by virtue of the warrant, to the district attorney of the county, who must, upon the conviction of the person from whose possession the same was taken, cause it to be destroyed, and the fact of such destruction to be entered upon the records of the court in which the conviction is had. § 321. Physician's instruments.-- An article or instrument, used or applied by physicians lawfully practicing, or by their direction or prescription, for the cure or prevention of disease, is not an article of indecent or immoral nature or use, within this chapter. The supplying of such articles to such physicians or by their direction or prescription, is not an offense under this chapter. § 322. Keeping disorderly houses. A person who keeps a house of ill-fame or assignation of any description, or a house or place for persons to visit for unlawful sexual intercourse, or for any lewd, obscene or indecent purpose, or disorderly house, or a house commonly known as a stale beer dive, or any place of public resort by which the peace, comfort, or decency of a neighborhood is habitually disturbed, or who, as agent or owner, lets a building or any portion of a building, knowing that it is intended to be used for any purpose specified in this section, or who permits a building or a portion of a building to be so used, is guilty of a misdemeanor. This section shall be construed to apply to any part or parts of a house used for any of the purposes herein specified. [AMD. CH. 690 of 1887.] See § 385, sub. 2, post. Jacobowsky v. People, 6 Hun, 524; S. C., 64 N. Y. 659; Barnesciotta v. People, 10 Hun, 37; S. C., 69 N. Y. 612; People v. Carey, 1 Sheld. 573; 4 Park. 238; Lowenstein v. People, 54 Barb. 299; People v. Erwin, 4 Den. 129; Abrahams v. State, 4 Iowa, 541; 6 id. 117; State v. Evans, 5 Ired. 603. What constitutes. People, ex rel. Van Houton, v. Sadler, 97 N. Y. 146; King v. People, 83 id. 590; 11 W. Dig. 392; People v. Miller, 38 Hun, 83; 3 N. Y. Cr. 480; People v. Mauch, 24 How. 276; Lawton v. Steele, 119 N. Y. 239; Ely v. Supervisors, etc., 36 N. Y. 297; Moody v. Same, 46 Barb. 659; Arras v Richardson, 24 N. Y. State Rep'r, 743; 5 N. Y. Supp. 755; People v. Wallach, 39 N. Y. State Rep'r, 531; People v. Hulett, id. 646; Berry v. People, 1 N. Y. Cr. 43; Com. v. Hopkins, 133 Mass. 381; 43 Am. Rep. 527; State v. Boardman, 64 Me. 523; Herzinger v. State, 70 Md. 278; Com. v. Gannett, 1 Allen, 7; Henson v. State, 62 Md. 231; Sparks v. State, 59 Ala. 82; State v. Hanchett, 36 Conn. 35; Handy v. State, 63 Miss. 207; 56 Am. Rep. 803; State v. Dame, 60 N. H. 479; 49 Am. Rep. 331; State v. Smith, 29 Minn. 195; Com. v. Kimball, 7 Gray, 328; Wooster v. State, 55 Ala. 217; State v. Fletcher, 18 Mo. 425; Morris v. State, 38 Tex. 603; Mahalovitch v. State, 54 Ga. 217; O'Brien v. People, 28 Mich. 213; State v. Wells, 46 Iowa, 662; State v. Brunell, 29 Wis. 435; People v. Berry, 1 N. Y. Cr. 43, 57. See 10 Cr. L. Mag. 513; § 621, post; §§ 899 et seq. of Code of Crim. Proc. 324. Lottery declared a public nuisance. 326. Selling lottery tickets. 327. Advertising lotteries. 328. Offering property for disposal dependent upon the drawing of any lottery. 329. Keeping office, etc., for registry. 330. Insuring lottery tickets, etc. 331. Advertising offers to insure lottery tickets. 332. Property offered for disposal in lotteries, forfeited. 333. Letting building for lottery purposes. 334. Lotteries out of this state. 335. Advertisements by persons out of this state. 323. "Lottery " defined.-A lottery is a scheme for the distribution of property by chance, among persons who have paid or agreed to pay a valuable consideration for the chance, whether called a lottery, raffle, or gift enterprise or by some other name. Baldwin's case, 3 C. H. Rec. 96; Gov. of Alms House v. Am. Art. Union, 7 N. Y. 228: Wooden v. Shot well, 4 Zabr. 789; Bell v. State, 5 Sneed, 507. Lotteries, what are. Chavannah v. State, 49 Ala. 396; Randle v. State, 42 Tex. 580; State v. Clarke, 33 N. H. 329; State v. Shorts, 32 N. J. 398; Thomas v. People, 59 Ill. 160; Hull v. Ruggles, 56 N. Y. 424; People v. Runge, 3 N. Y. Cr. 85; People v. Noelke, 94 N.Y.137; 46 Am. Rep. 128; 1 N. Y. Cr. 252, 495; Kohn v. Koehler, 96 N. Y. 367; 21 Hun, 466; 48 Am. Rep. 628; Wilkinson v. Gill, 74 N. Y. 63; 30 Am. Rep. 264; Rolfe v. Delmar, 7 Robt. 80; Negley v. Devlin, 12 Abb. (N. S.) 210; People v. Payne, 3 Den. 80: Matter of Shobert, 70 Cal. 632; 59 Am. Rep. 432; Com. v. Wright, 137 Mass. 250; 50 Am. Rep. 306; Grover v. Morris, 73 N. Y. 473; Almy v. McKinney, 5 N. Y. State Rep'r, 267; Hudelson v. State, 94 Ind. 426; 48 Am. Rep. 171; Buckalew v. State, 62 Ala. 334; 34 Am. Rep. 22; People v. Reilly, 50 Mich. 384; 45 Am. Rep. 47; People v. Elliott, 74 Mich. 264; 16 Am. St. 640; State v. Mumford, 73 Mo. 647; 39 Am Rep. 532; Kellowstone Kit v. State, 88 Ala. 196; 16 Am. St. 38; Holoman v. State, 2 Tex. App. 610; 28 Am. Rep. 439; People v. Dewey, 33 N. Y. State Rep'r, 427; People v. Gillson, 109 N. Y. 389. $324. Lottery declared a public nuisance. - A lottery is unlawful and a public nuisance. Art. 1, § 10, N. Y. Const. See & 385, post. Goodrich v. Houghton, 55 Hun, 529; 29 N. Y. State Rep'r, 907; People v. Dewey, 33 id. 427; People v. Gillson, 109 N. Y. 404; Stone v. State, 101 U. S. 814; New Orleans v. Houston, 119 id. 265; Moore v. State, 48 Miss. 147; 12 Am. Rep. 367; Matter of Blanchard, 9 Nev. 101. $325. Contriving, drawing, etc., lottery. A person who contrives, proposes or draws a lottery, or assists in contriving, proposing or drawing the same, is punishable by imprisonment for not more than two years, or by fine of not more than one thousand dollars, or both. People v. Payne, 3 Den. 88, and other cases under § 323, ante. 326. Selling lottery tickets.-A person who sells, gives, or in any way whatever furnishes or transfers, to or for another, a ticket, chance, share, or interest, or any paper, certificate, or instrument, purporting to be or to represent a ticket, chance, share, or interest, in or dependent upon the event of a lottery, to be drawn within or without this state, is guilty of a misdemeanor. Indictment. People v. Noelke, 1 N. Y. Cr. 252; 96 N. Y. 137; 46 Am. Rep. 218: Pickett v. People, 8 Hun, 83; aff'd, 67 N. Y. 609; Goodrich v. Houghton, 55 Hun, 529; 29 N. Y. State Rep'r, 907; People v. Emerson, 20 id. 18; 6 N. Y. Cr. 157; State v. Moore, 64 N. H. 9; 56 Am. Rep. 478; Com. v. Bierman, 13 Bush, 345. § 327. Advertising lotteries.-A person who, by writing or printing, or by circular or letter, or in any other way, advertises or publishes an account of a lottery, whether within or without the state, stating how, when or where the same is to be, or has been, drawn, or what are the prizes therein, or any of them, or the price of a ticket, or any share or interest therein, or where or how it may be obtained, is guilty of a misdemeanor. Advertising. People v. Charles, 3 Den. 212; S. C., 1 N. Y. 180; Van Valkenberg v. Torrey, 7 Cow. 255; People v. England, 27 Hun, 139; People v. Hart, 26 id. 396; Ormes v. Dauchy, 82 N. Y. 443; 37 Am. Rep. 583; State v. Kaub, 15 Mo. App. 433. See § 334, post. § 328. Offering property for disposal dependent upon the drawing of any lottery.-A person who offers for sale or distribution, in any way, real or personal property, or any interest therein, to be de termined by lot or chance, dependent upon the drawing of a lottery within or without this state, or who sells, furnishes, or procures, or causes to be sold, furnished, or procured, in any manner, a chance or share, or any interest in property offered for sale or distribution, in violation of this chapter, or a ticket or other evidence of such a chance, share, or interest, is guilty of a misdemeanor. § 329. Keeping office, etc., for registry.—A person who opens, sets up, or keeps, by himself or another person, an office or other place for registering the numbers of tickets in a lottery within or without this state, or for making, receiving, or registering any bets or stakes for the drawing, or result of such a lottery, or who advertises or in any way publishes any account of an opening, setting up, or keeping of such an office or place, is guilty of a misdemeanor. People v. Jackson, 3 Den. 101. 330. Insuring lottery tickets, etc. A person who insures, or receives any consideration for insuring, for or against the drawing of a ticket, share, or interest in a lottery, or of a number of such a ticket, share or interest, or who receives any valuable consideration upon an agreement to pay money, or deliver property, in the event that a ticket, share, or interest, or a number of such a ticket, share, or interest in a lottery, shall prove fortunate or unfortunate, or shall be drawn or not drawn in a particular way or in a particular order, or who promises or agrees, or offers to pay money, or to deliver property, or to do, or forbear to do, any thing for the benefit of any person, with or without consideration, upon any accident or contingency dependent on the drawing thereof, or of any number or ticket therein, is guilty of a misdemeanor. Kenney's case, 3 C. H. Rec. 53; Baldwin's case, id. 96. A person §331. Advertising offers to insure lottery tickets. who, by writing or printing, or by circular or letter, or in any other way, advertises or publishes an offer, notice, or proposition, in violation of the last section, is guilty of a misdemeanor. § 332. Property offered for disposal in lotteries, forfeited.—All property offered for sale, or distribution, in violation of the provisions of this chapter, is forfeited to the people of this state, as well before as after the determination of the chance on which the same was dependent. And it is the duty of the respective district attorneys, to demand, sue for and recover, in behalf of the people, all property so forfeited, and to cause the same to be sold when recovered, and to pay the proceeds of the sale of such property, and any moneys that may be collected in any such suit, into the county treasury, for the benefit of the poor. People v. Phillips, 30 Hun, 554. 333. Letting building for lottery purposes.-A person who lets, or permits to be used any building or portion of a building, knowing that it is intended to be used for any of the purposes declared punishable by this chapter, is guilty of a misdemeanor. People v. Jackson, 3 Den. 101; Adelmuth v. McGarren, 4 Daly, 467; Michael v. Bacon, 8 Am. Rep. 138. |