intent to sell such person into slavery or involuntary servitude, or otherwise to employ him for his own use, or to the use of another, without the free-will and consent of such persuaded person; and every person who, being out of this state, abducts or takes by force or fraud any person contrary to the law of the place where such act is committed, and brings, sends, or conveys such person within the limits of this state, and is afterwards found within the limits thereof, is guilty of kidnaping. [Amendment approved 1905; Stats. 1905, p. 653.] Kidnaping for purpose of slavery: See post, § 784. Legislation § 207. 1. Enacted February 14, 1872 (N. Y. Pen. Code, § 211); based on Crimes and Punishment Act, Stats. 1850, p. 234, §§ 53, 54, 55, which read: "§ 53. Kidnaping is the forcible abduction or stealing away of a man, woman, or child, from his or her own country, and sending or taking him or her unto another. § 54. Every person who shall forcibly steal, take, or arrest, any man, woman, or child, whether white, black, or colored, or any Indian in this state, and carry him or her into another county, state, or territory, or who shall forcibly take or arrest any person or persons whatsoever with a design to take him or her out of this state, without having established a claim according to the laws of the United States, shall, upon conviction, be deemed guilty of kidnaping, and be punished by imprisonment in the state prison for any term not less than one nor more than ten years for each person kidnaped or attempted to be kidnaped. §55. Every person who shall hire, persuade, entice, decoy, or seduce by false promises, misrepresentations, and the like, any negro, mulatto, or colored person, to go out of this state, or to be taken or removed therefrom, for the purpose and with the intent to sell such negro, mulatto, or colored person into slavery or involuntary servitude, or otherwise to employ him or her for his or her own use, or to the use of another without the free will and consent of such negro, mulatto, or colored person, shall be deemed to have committed the crime of kidnaping, and upon conviction thereof shall be punished as in the next preceding section specified." 2. Amendment by Stats. 1901, p. 447; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 653, (1) adding "or into another part of the same county," and (2) at end of section, before the words "is guilty of kidnaping," adding the words beginning "and every person"; the code commissioner saying of the additions, "The advisability of the first change is shown by the decision of the supreme court in Ex parte Keil, 85 Cal. 309, where it was held that the forcible removal of a person from San Pedro, Los Angeles County, to Santa Catalina Island, in the same county, did not constitute kidnaping." § 208. Punishment of kidnaping. Kidnaping is punishable by imprisonment in the state prison not less than one nor more than ten years. Legislation § 208. Enacted February 14, 1872; based on Crimes and Punishment Act, Stats. 1850, p. 234, § 54, q. v., ante, Legislation § 207. § 209. Penalty for kidnaping for purposes of extortion or robbery. Every person who maliciously, forcibly, or fraudulently takes or entices away any person with intent to restrain such person and thereby to commit extortion or robbery, or exact from the relatives or friends of such person any money or valuable thing, is guilty of a felony, and shall be punished therefor by imprisonment in the state's prison for life, or any number of years not less than ten. Legislation § 209. Added by Stats. 1901, p. 98. § 214. Robbery; going upon railroad trains, or doing any act thereon, for the purpose of. § 211. Robbery defined. Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear. Legislation § 211. Enacted February 14, 1872; based on Field's Draft, § 280, N. Y. Pen. Code, § 224; also based on Crimes and Punishment Act, § 59, as amended by Stats. 1856, p. 220, § 6, which read: "$ 59. Robbery is the felonious and violent taking of money, goods or other valuable thing from the person of another by force or intimidation. Every person guilty of robbery shall be punished by imprisonment in the state prison for a term not less than one year, and which may extend to life." § 212. What fear may be an element in robbery. The fear mentioned in the last section may be either: One. The fear of an unlawful injury to the person or property of the person robbed, or of any relative of his or member of his family; or, Two. The fear of an immediate and unlawful injury to the person or property of any one in the company of the person robbed at the time of the robbery. [Amendment ap proved 1874; Code Amdts. 1873-74, p. 427.] Legislation § 212. 1. Enacted February 14, 1872 (identical with Field's Draft, § 283, N. Y. Pen. Code, § 225), the introductory paragraph and subd. 1 then reading, "The fear which constitutes robbery may be either-1. The fear of an unlawful injury, immediate or future, to the person or property of the person robbed, or of any relative of his, or member of his family; or," subd. 2 reading as at present. 2. Amended by Code Amdts. 1873-74, p. 427. § 213. Punishment of robbery. Robbery is punishable by imprisonment in the state prison not less than one year. Legislation § 213. Enacted February 14, 1872; based on Crimes and Punishment Act, § 59, as amended by Stats. 1856, p. 220, § 6, q. v., ante, Legislation § 211. $214. Robbery: going upon railroad trains, or doing any act thereon, for the purpose of. Every person who goes upon or boards any railroad train, car or engine, with the intention of robbing any passenger or other person on such train, car or engine, of any personal property thereon in the possession or care or under the control of any such passenger or other person. or who interferes in any manner with any switch, rail, sleeper, viaduct, culvert, embankment, structure or appliance pertaining to or connected with any railroad, or places any dynamite or other explosive substance or material upon or near the track of any railroad, or who sets fire to any railroad bridge or trestle, or who shows, masks, extinguishes or alters any light or other signal, or exhibits or compels any other person to exhibit any false light or signal, or who stops any such train, car or engine, or slackens the speed thereof, or who compels or attempts to compel any person in charge or control thereof to stop any such train, car or engine, or slacken the speed thereof, with the intention of robbing any passenger or other person on such train, car or engine, of any personal property thereon in the possession or charge or under the control of any such passenger or other person, is guilty of a felony. Legislation § 214. 1. Addition by Stats. 1901, p. 447; unconstitutional. See note, § 5, ante. 2. Added by Stats. 1905, p. 653; the code commissioner saying in his note to §§ 214, 218, 219, "§ 218 has been broken up into three sections. In view of the criticism passed by the supreme court in the case of People v. Thompson, 111 Cal. 242, upon § 218, and the suggestion of that court that the section be revised, there have been taken out of that section the provisions regarding robbery and the same have been amplified and made a new section. numbered 214, to be placed in Chapter IV, of Title VII, of Part I. In the new section the punishment is not prescribed as death or imprisonment for life at the option of the jury, as in § 218; but the grade of the offense is fixed at felony simply, it having been found that the severity of the punishment results in failure to secure convictions. § 218 as amended provides only for attempted wrecking or derailment of railroad trains, and fixes the grade of the offense as felony simply, the matters formerly in the section regarding an accomplished or consummated wrecking or derailment being left to $219, and the provisions regarding robbery being provided for in $214. § 219 contains the matter now in § 218 regarding an accomplished or consummated wrecking or derailment. The punishment is left at death or imprisonment for life, at the option of the jury, as now provided in $218. In short, these three sections split up 218 in the manner suggested by Judge Garoutte in People v. Thompson, 111 Cal. 242, and modify the penalty of train-wrecking where no death has occurred, so as to preclude failures to convict on account of the severity of the penalty." § 218. Train-wrecking, intention of, punishment for. § 219. Railroad trains, when wrecked; punishment. § 216. Administering poison. Every person who, with intent to kill, administers, or causes or procures to be administered, to another, any poison or other noxious or destructive substance or liquid, but by which death is not caused, is punishable by imprisonment in the state prison not less than ten years. Administering stupefying drugs: Post, § 222. Legislation § 216. Enacted February 14, 1872; based on Crimes and Punishment Act, § 45, as amended by Stats. 1861, p. 588, § 1, which read: "§ 45. Every person who shall willfully and maliciously administer, or cause to be administered, to, or taken by, any person, any poison, or other noxious, or destructive, substance, or liquid, with the intention to cause the death of such person, and being thereof duly convicted, shall be punished by imprisonment in the state prison, for a term not less than ten years, and which may be extended to life; and every person who shall administer, or cause to be administered, or taken, or shall take, any medicinal substances, or shall use, or cause to be used, any instruments whatever, with the intention to procure abortion, or miscarriage, of any woman then being with child, and any woman who shall knowingly cause to be used upon herself, or consent to the use of such instruments upon herself, with the intent to produce abortion, or miscarriage, when with child, and shall be thereof duly convicted, shall be punished by imprisonment in the state prison, for a term not less than two years, nor more than five years; provided, that no physician shall be affected by the last clause of this section, who, in the discharge of his professional duties, deems it necessary to. produce abortion, or miscarriage, of any woman in order to save her life, nor shall any woman be affected by said last clause, when her physician deems it necessary to have said abortion, or miscarriage, produced, in order to save her life, nor shall such physician, or surgeon, be arrested, indicted, or put on trial, or convicted, by the testimony of such woman alone." § 217. Assault with intent to commit murder. Every person who assaults another with intent to commit murder, is punishable by imprisonment in the state prison not less than one nor more than fourteen years. Assault with intent to commit other felonies: Post, § 221. Legislation § 217. Enacted February 14, 1872; based on Crimes and Punishment Act, § 50, as amended by Stats. 1855, p. 106, § 2, which read: "§ 50. An assault with an intent to commit murder, rape, the infamous crime against nature, mayhem, robbery, or grand larceny, shall subject the offender to imprisonment in the state prison for a term not less than one year, nor more than fourteen years. An assault with a deadly weapon, instrument, or other thing, with an intent to inflict upon the person of another, a bodily injury, where no considerable provocation appears, or where the circumstances of the assault show an abandoned and malignant heart, shall subject the offender to imprisonment in the state prison, not exceeding two years, or to a fine not exceeding five thousand dollars, or to both such fine and imprisonment." § 218. Train-wrecking, intention of, punishment for. Every person who unlawfully throws out a switch, removes a rail, or places any obstruction on any railroad with the intention of derailing any passenger, freight or other train, car or engine, or who unlawfully places any dynamite or other explosive material or any other obstruction upon or near the track of any railroad with the intention of blowing up or derailing any such train, car or engine, or who unlawfully sets fire to any railroad bridge or trestle, over which any such train, car or engine must pass, with the intention of wrecking such train, car or engine, is guilty of a felony. [Amendment approved 1905; Stats. 1905, p. 654.] Placing obstructions on track: See post, § 587. Legislation § 218. 1. Added by Stats. 1891, p. 283, and then read: "Every person who shall unlawfully throw out a switch, remove a rail, or place any obstruction on any railroad in the state of California, with the intention of derailing any passenger, freight, or other train, or who shall unlawfully board any passenger train with the intention of robbing the same, or who shall unlawfully place any dynamite or other explosive material, or any other obstruction, on the track of any railroad in the state of California, with the intention of blowing up or derailing any passenger, freight, or other train, or who shall unlawfully set fire to any railroad bridge or trestle, over which any passenger, freight, or other train must pass, with the intent of wrecking said train, upon conviction shall be adjudged guilty of felony, and shall be punished with death or imprisonment in the state prison for life, at the option of the jury trying the case." 2. Amendment by Stats. 1901, p. 447; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 654. § 219. Railroad trains, when wrecked; punishment. Every person who unlawfully throws out a switch, removes a rail, or places any obstruction on any railroad with the intention of derailing any passenger, freight or other train, car or engine and thus derails the same, or who unlawfully places any dynamite or other explosive material or any other obstruction upon or near the track of any railroad with the intention of blowing up or derailing any such train, car or engine and thus blows up or derails the same, or who unlawfully sets fire to any railroad bridge or trestle over which any such train, car or engine must pass with the intention Pen. Code-7 |