ing, playing on musical instruments, rope or wire walking, dancing, begging, or peddling, or as a gymnast, acrobat, contortionist, or rider, in any place whatsoever, or for or in any obscene, indecent or immoral purposes, exhibition, or practice whatsoever, or for or in any mendicant or wandering business whatsoever, or who causes, procures, or encour ages such child to engage therein, is guilty of a misdemeanor, and punishable by a fine of not less than fifty nor more than two hundred and fifty dollars, or by imprisonment in the county jail for a term not exceeding six months, or by both such fine and imprisonment. Nothing in this section contained applies to or affects the employment or use of any such child, as a singer or musician in any church, school, or academy, or the teaching or learning of the science or practice of music; or the employment of any child as a musician at any concert or other musical entertainment, on the written consent of the mayor of the city or president of the board of trustees of the city or town where such concert or entertainment takes place. [Amendment approved 1905; Stats. 1905, p. 759.] Legislation § 272. 1. Added by Code Amdts. 1875-76, p. 110, and then read: "Any person, whether as parent, relative, guardian, employer, or otherwise, having in his care, custody, or control any child under the age of sixteen years, who shall sell, apprentice, give away, let out, or otherwise dispose of any such child to any person, under any name, title, or pretense, for the vocation, use, occupation, calling, service, or purpose of singing, playing on musical instruments, rope-walking, dancing, begging, or peddling, in any public street or highway, or in any mendicant or wandering business whatsoever; and any person who shall take, receive, hire, employ, use, or have in custody any child for such purposes, or either of them, is guilty of a misdemeanor." 2. Amendment by Stats. 1901, p. 449; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 759; the code commissioner saying in his note to §§ 272, 273, 273a, 273b, 273c, 273d, "The two statutes, one of 1877-78, p. 812, and the other of 1877-78, p. 813, relating to children, are codified by an amendment to § 272 and by the addition of §§ 273, 273a, 273b, 273e, and 273d." § 273. Person receiving, hiring, etc., children. Every person who takes, receives, hires, employs, uses, exhibits, or has in custody, any child under the age, and for any of the purposes mentioned in the preceding section, is guilty of a like offense, and punishable by a like punishment as therein provided. Legislation § 273. 1. Addition by Stats. 1901, p. 450; unconstitutional. See note, § 5, ante. 2. Added by Stats. 1905, p. 759 (approved March 22, 1905). See ante, Legislation § 272, for code commissioner's note. At the same session of the legislature in 1905, another section numbered 273 was enacted (Stats. 1905, p. 74; approved March 7, 1905), the present § 273f, q. v., infra. § 273a. Unjustifiable punishment causing child to suffer. Any person who willfully causes or permits any child to suffer, or who inflicts thereon unjustifiable physical pain or mental suffering, and whoever, having the care or custody of any child, causes or permits the life or limb of such child to be endangered, or the health of such child to be injured, and any person who willfully causes or permits such child to be placed in such situation that its life or limb may be endangered, or its health likely to be injured, is guilty of a misdemeanor. Legislation § 273a. 1. Addition by Stats. 1901, p. 450; unconstitutional. See note, § 5, ante. 2. Added by Stats. 1905, p. 759. See ante, Legislation § 272, for code commissioner's note. § 273b. Child not to be confined. No child under the age of sixteen years must be placed in any prison, or place of confinement, or in any courtroom, or in any vehicle for transportation to any place, in company with adults charged with or convicted of crime, except in the presence of a proper official. Legislation § 273b. 1. Addition by Stats. 1901, p. 450; unconstitutional. See note, § 5, ante. 2. Added by Stats. 1905, p. 760. See ante, Legislation § 272, for code commissioner's note. § 273c. Fines, how appropriated. All fines, penalties, and forfeitures imposed and collected under the provisions of the five preceding sections, or under the provisions of any law relating to, or affecting, children, in every case where the prosecution is instituted or conducted by a society incorporated under the laws of this state for the prevention of cruelty to children, inure to such society in aid of the purposes for which it is incorporated. Legislation § 273c. 1. Addition by Stats. 1901, p. 451; unconstitutional. See note, § 5, ante. 2. Added by Stats. 1905, p. 760. See ante, Legislation § 272, for code commissioner's note. § 273d. Court may commit child to charitable institution. When, upon examination before a court or magistrate, it appears that any child under the age of sixteen years has been found begging, whether actually begging or under the pretext of selling anything, or wandering and not having any settled place of abode, or proper guardianship, or visible means of subsistence; or destitute, or frequenting the company of reputed thieves, or prostitutes or houses of prostitu tion or assignation, dance-houses, concert-saloons, theaters, or places where spirituous liquors are sold; or engaged in any business, exhibition, or vocation mentioned in section two hundred and seventy-two; or in the custody of any person convicted of a criminal assault upon it; the court or magistrate may, when it deems it expedient for the welfare of such child, commit it to an orphan asylum, society for the prevention of cruelty to children, or other charitable institution, or make such other disposition thereof as now is or may hereafter be provided by law in cases of vagrant, truant, disorderly, pauper, or destitute children. Legislation § 273d. 1. Addition by Stats. 1901, p. 451; unconstitutional. See note, § 5, ante. 2. Added by Stats. 1905, p. 760. See ante, Legislation § 272, for code commissioner's note. § 273e. Minor not to deliver messages, etc., to certain places. Every telephone, special delivery company or association, and every other corporation or person engaged in the delivery of packages, letters, notes, messages, or other matter, and every manager, superintendent, or other agent of such person, corporation, or association, who sends any minor in the employ or under the control of any such person, corporation, association, or agent, to the keeper of any house of prostitution, variety theater, or other place of questionable repute, or to any person connected with, or any inmate of, such house, theater, or other place, or who permits such minor to enter such house, theater, or other place, is guilty of a misdemeanor. Legislation § 273e. 1. Addition by Stats. 1901, p. 451; unconstitutional. See note, § 5, ante. 2. Added by Stats. 1905, p. 760; the code commissioner saying, "The matter in § 1389, which incorrectly stands in a chapter entitled 'Dismissal of the Action,' is put into a new section designated as 273e in the proper chapter, with the other sections relative to children, and § 1389 accordingly repealed." § 273f. Sending children to immoral places. Any person, whether as parent, guardian, employer, or otherwise, and any firm or corporation, who as employer or otherwise, shall send, direct, or cause to be sent or directed to any saloon, gambling-house, house of prostitution, or other immoral place, any minor under the age of eighteen, is guilty of a misdemeanor. Legislation § 273f. 1. Added by Stats. 1905, p. 74, as § 273 (approved March 7, 1905), and then had the words "eighteen years" instead of "eighteen," as in the present section. 2. Repealed by Stats. 1907, p. 565, and added as a new section numbered 273f; the code commissioner saying, "As by the above codification of § 273 in 1905, there came to be in the Penal Code two sections of that number, the defect was remedied in 1907 by repealing § 273, as approved March 7, 1905, and re-enacting it as 273f." See ante, Legislation § 273. § 273g. Immoral practices in presence of children. Any person who in the presence of any child indulges in any degrading, lewd, immoral or vicious habits or practices, or who is habitually drunk in the presence of any child in his care, custody or control, is guilty of a misdemeanor. Legislation § 273g. Added by Stats. 1907, p. 756. § 273h. Person convicted may be compelled to work on roads. Payment made to wife, etc. In all prosecutions under the provisions of either section 270 or section 270a, or section 270b, or section 271, or section 271a of this code where a conviction is had and sentence of imprisonment in the county jail is imposed, the court may direct that the person so convicted shall be compelled to work upon the public roads or highways, or any other public work, in the county where such conviction is had, during the term of such sentence. And it shall be the duty of the board of supervisors of the county where such conviction and sentence are had, and where such work is performed by a person under sentence to the county jail, to allow and order the payment out of any fund available to the wife, or to the guardian, or to the custodian of a child or children, or to an organization, or to an individual appointed by the court. as trustee, at the end of each calendar month, for the support of such wife, child or children, a sum not to exceed one and fifty one-hundredths dollars for each day's work of such person. Legislation § 273h. Added by Stats. 1911, p. 688. CHAPTER III. § 274. Administering drugs, etc., with intent to produce miscarriage. § 275. Submitting to an attempt to produce miscarriage. § 274. Administering drugs, etc., with intent to produce miscarriage. Every person who provides, supplies, or administers to any pregnant woman, or procures any such woman to take any medicine, drug, or substance, or uses or employs any instrument or other means whatever, with intent thereby to procure the miscarriage of such woman, unless the same is necessary to preserve her life, is punishable by imprisonment in the state prison not less than two nor more than five years. Legislation § 274. Enacted February 14, 1872. (Field's Draft, § 334, N. Y. Pen. Code, § 294.) See post, Legislation § 275, for code commissioners' note. § 275. Submitting to an attempt to produce miscarriage. Every woman who solicits of any person any medicine, drug, or substance whatever, and takes the same, or who submits to any operation, or to the use of any means whatever, with intent thereby to procure a miscarriage, unless the same is necessary to preserve her life, is punishable by imprisonment in the state prison not less than one nor more than five years. Legislation § 275. Enacted February 14, 1872. (Field's Draft, § 335, N. Y. Pen. Code, § 295.) The code commissioners say: "The two preceding sections are based upon statute of 1861, p. 588, § 1. Modifications have been made in the language. . CHAPTER IV. § 278. Definition and punishment of child-stealing. § 278. Definition and punishment of child-stealing. Every person who maliciously, forcibly, or fraudulently takes or entices away any minor child with intent to detain and conceal such child from its parent, guardian, or other person having the lawful charge of such child, is punishable by imprisonment in the state prison not exceeding twenty years. [Amendment approved 1901; Stats. 1901, p. 269.] Legislation § 278. 1. Enacted February 14, 1872 (based on Field's Draft, § 337, N. Y. Pen. Code, § 337; Crimes and Punishment Act, as amended and supplemented by Stats. 1856, p. 131, § 2), and then read: "Every person who maliciously, forcibly, or fraudulently takes or entices away any child under the age of twelve years, with intent to detain and conceal such child from its parent, guardian, or other person having the lawful charge of such child, is punishable by imprisonment in the state prison not exceeding ten years, or by imprisonment in a county jail not exceeding one year, and a fine not exceeding five hundred dollars." 2. Amended by Stats. 1901, p. 269. CHAPTER V. Bigamy, Incest, and the Crime against Nature. § 281. Bigamy defined. § 282. Exceptions. § 283. Punishment of bigamy. § 284. $285. Marrying a husband or wife of another. Punishment. § 286. Crime against nature. § 287. Penetration sufficient to complete the crime. § 288. Crimes against children, a felony. § 288a. Fellatio and cunnilingus felonies. |