member of his family, and every person who offers to prevent the publication of any libel upon another person, with intent to extort any money or other valuable consideration from any person, is guilty of a misdemeanor.

California Jurisprudence: See article Libel and Slander.

Legislation § 257. Enacted February 14, 1872. (N. Y. Pen. Code, $254.) The code commissioners say: "The commissioners have introduced several sections taken from the New York Penal Code [Field's Draft] (sections 311, 313, 314, 315, 316, 317, and 318), the justice of which will be obvious to all. Publishers of newspapers are often called upon to determine, at a few moments' notice, whether an article is privileged or not. It is but a matter of simple justice, alike to them and to the citizen, that the leading rules of the law governing libelous publications should be embodied in a statute to which ready reference may be had.”

§ 258. Publishing of caricatures and cartoons unlawful. [Repealed 1915; Stats. 1915, p. 761.]

Legislation § 258. 1. Added by Stats. 1899, p. 28, and then read: "It shall be unlawful to publish in any newspaper, handbill, poster, book or serial publication, or supplement thereto, the portrait of any living person a resident of California, other than that of a person holding a public office in the state, without the written consent of such person had and obtained; provided that it shall be lawful to publish the portrait of a person convicted of a crime. It shall likewise be unlawful to publish in any newspaper, handbill, poster, book or serial publication or supplement thereto, any caricature of any person residing in this state, which caricature will in any manner reflect upon the honor, integrity, manhood, virtue, reputation or business or political motives of the person so caricatured, or which tends to expose the individual so caricatured to public hatred, ridicule or contempt. A violation of this section shall be a misdemeanor, and shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars or by imprisonment in the county jail for not less than one month or more than six months or by both such fine and imprisonment. All persons concerned in said publication either as owner or manager, editor or publisher, or engraver are each liable for said publication. Actions for violation of this section shall be tried in the county where such newspaper, handbill, poster, book or serial publication or supplement is printed or has its publication office or in the county where the person whose portrait or caricature is published resides at the time of the alleged publication." 2. Repealed 1915, p. 761.

$259. Newspaper articles of personal character must be signed. Penalty for violation. Name of author of book or news agency sufficient. [Repealed by act approved April 24, 1917; Stats. 1917, p. 174.]

Legislation § 259. 1. Added by Stats. 1899, p. 155, and then read: "Every article, statement, or editorial, contained in any newspaper or other printed publication, printed or published in this state, which by writing or printing tends to blacken the memory of one who is dead, or to impeach the honesty, integrity, virtue or reputation, or publish the natural or alleged defects of one who is alive, and thereby expose him or her to public hatred,

contempt or ridicule, must be supplemented by the true name of the writer of such article, statement, or editorial, signed or printed at the end thereof. Any owner, proprietor or publisher of any newspaper or other printed publication, printed or published in this state, who shall publish any such article, statement, or editorial in any printed publication, printed or published in this state, which is not so supplemented by the true name of the writer thereof, signed or printed at the end thereof as required by this section, shall forfeit the sum of one thousand dollars for each and every article, statement, or editorial so published in violation of the requirements of this section, which said sum so forfeited may be sued for and recovered against any such owner, publisher or proprietor so violating this section, in a civil action by and in the name of any person who may bring action therefor, one half of the recovery to be paid into the treasury of this state by the plaintiff and the other half to be retained by the plaintiff in such action. If, in any such action, it shall appear by affidavit to the satisfaction of the court where such action is commenced that a defendant has made a publication in violation of this section within this state, and that after due diligence such defendant cannot be found within this state, or is a foreign corporation, the court must direct an attachment in such action to issue against the property of such defendant, and thereupon such attachment shall issue and be executed as in other cases where by law an attachment is provided for. Where the work of any author is contained in a book or pamphlet it shall be sufficient that the name of the author be printed upon the cover or upon a leaf therein, and where any publisher in the regular course of business publishes as news, telegraphic dispatches not furnished or forwarded by its or his own correspondent or correspondents, but furnished and forwarded by telegraph as news by a telegraphic news agency, established and engaged in forwarding telegraphic news to various different publishers as a business, and having an established business name as such a news agency, it shall be suffi cient as to such dispatches, that the said business name of such telegraphic news agency be printed in connection with such dispatches as the forwarder of the same."

2. Repealed by Stats. 1917, p. 174.

TITLE IX.

Crimes Against the Person and Against Public Decency and Good Morals.

Chapter I. Rape, Abduction, Carnal Abuse of Children, and Seduction. §§ 261–269b.

II. Abandonment and Neglect of Children. §§ 270-273h.

III.

Abortions. §§ 274, 275.

IV. Child-stealing. § 278.

V. Bigamy, Incest, and the Crime against Nature. §§ 281288a.

VI. Violating Sepulture and the Remains of the Dead. §§ 290

297.

VII. Crimes against Religion and Conscience, and Other Of-
fenses, against Good Morals. §§ 299-3102.

VIII. Indecent Exposure, Obscene Exhibitions, Books and Prints,
and Bawdy and Other Disorderly Houses. §§ 311-318.
IX. Lotteries. §§ 319-326.

Rape, Abduction, Carnal Abuse of Children, and Seduction.

$261. Rape defined.

$262. When physical ability must be proved.

§263. Penetration sufficient.

$264. Punishment for rape.

265. Abduction of women.

$266. Seduction for purposes of prostitution.

$266a. Taking female for purpose of prostitution.

$266b. Taking female by force, duress, etc., to live in an illicit relation.

266c. Bringing or landing Chinese or Japanese women for the pur

post of selling.

$266d. Placing female in custody for the purpose of cohabitation. 266e. Paying for female for the purpose of prostitution.

$266f. Selling female for immoral purposes.

$266g. Placing or permitting the placing of one's wife in house of prostitution.

267.

Abduction.

$268. Seduction under promise of marriage. Penalty.

$269. Intermarriage, when a bar to prosecution.

269a. Adultery.

§ 269b. Adultery of married persons.

§ 261. Rape defined. Rape is an act of sexual intercourse, accomplished with a female not the wife of the perpetrator, under either of the following circumstances:

1. Where the female is under the age of eighteen years; 2. Where she is incapable, through lunacy or other unsoundness of mind, whether temporary or permanent, of giving legal consent;

3. Where she resists, but her resistance is overcome by force or violence;

4. Where she is prevented from resisting by threats of great and immediate bodily harm, accompanied by apparent power of execution, or by any intoxicating narcotic, or anesthetic substance, administered by or with the privity of the accused;

5. Where she is at the time unconscious of the nature of the act, and this is known to the accused;

6. Where she submits under the belief that the person committing the act is her husband, and this belief is induced by any artifice, pretense, or concealment practiced by the accused, with intent to induce such belief. [Amendment approved 1913; Stats. 1913, p. 212.]

This section is constitutional. People v. Sheffield, 9 Cal. App. 130, 133, 98 Pac. 67.

Assault with intent to commit. See ante, § 220.
Sexual penetration: See note to § 263, post.

California Jurisprudence: See article Rape.

A. L. R. Notes: Criminal responsibility of husband as for rape, or assault to commit rape, on wife, note 18 A. L. R. 1063. Intercourse under marriage with girl below the age of consent as statutory rape, note 10 A. L. R. 409. Subsequent marriage as bar to prosecution for rape, note 9 A. L. R. 339. Presumption and burden of proof as to chastity under statutes making chastity an ingredient of rape, note 3 A. L. R. 1462.

Legislation § 261. 1. Enacted February 14, 1872 (based on Field's Draft, § 319, N. Y. Pen. Code, § 278; Kan. Gen. Stats., § 323), differing from the amendment of 1913 (the present section), having, (1) in subd. 1, "ten years" instead of "eighteen years"; (2) in subd. 2, "any" before "other unsoundness"; (3) in subd. 4, "immediate and great bodily harm" instead of "great and immediate bodily harm"; (4) in subd. 6 "a belief" instead of "the belief."

2. Amended by Stats. 1889, p. 223, differing from the amendment of 1913 (the present section), having, (1) in subd. 1, "the fourteen years" instead of "eighteen years," and (2) in subd. 4, the same phraseology as the original code section.

3. Amended by Stats. 1897, p. 201, differing from the amendment of 1913 (the present section), having "sixteen years," instead of "eighteen years."

4. Amended by Stats. 1913, p. 212.

§ 262. 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, and beyond a reasonable doubt.

California Jurisprudence: See article Rape.

A. L. R. Note: Impotency as defense to charge or rape or assault with intent to commit rape, note 26 A. L. R. 772.

Legislation § 262. Enacted February 14, 1872; identical with Field's Draft, § 320, N. Y. Pen. Code, § 279.

§ 263. Penetration sufficient. The essential guilt of rape consists in the outrage to the person and feelings of the female. Any sexual penetration, however slight, is sufficient to complete the crime.

The provision in the above section that "any sexual penetration, however slight, is sufficient to complete the crime" refers to every definition of rape contained in § 261, ante, including the offense of "sexual intercourse with a female under the age of sixteen years." People v. Sheffield, 9 Cal. App. 131, 98 Pac. 67. California Jurisprudence: See article Rape.

Legislation § 263. Enacted February 14, 1872; identical with Field's Draft, § 321, N. Y. Pen. Code, § 280.

§ 264. Punishment for rape. Rape is punishable by imprisonment in the state prison not more than fifty years, except where the offense is under subdivision one of section two hundred sixty-one of the Penal Code, in which case the punishment shall be either by imprisonment in the county jail for not more than one year or in the state prison for not more than fifty years, and in such case the jury shall recommend by their verdict whether the punishment shall be by imprisonment in the county jail or in the state prison; provided, that when the defendant pleads guilty of an offense under subdivision one of section 261 of the Penal Code the punishment shall be in the discretion of the trial court, either by imprisonment in the county jail for not more than one year or in the state prison for not more than fifty years. [Amendment approved 1923; Stats. 1923, p. 271.]

This section is constitutional. Todd, In re, 44 Cal. App. 497, 186 Pac. 760.

California Jurisprudence: See article Rape.

Legislation § 264. 1. Enacted February 14, 1872; based on Crimes and Punishment Act, § 47, as amended by Stats. 1855, p. 105, § 1, and then read: "Rape is punishable by imprisonment in the state prison not less than five years."

2. Amended 1913, p. 213. It then read: "Rape is punishable by imprisonment in the state prison not more than fifty years, except where the offense is under subdivision 1 of section 261 of the Penal Code and the female is over the age of sixteen years and under the age of eighteen years in which case the punishment shall be by imprisonment in the county jail for not more than one year or in the state prison for not more than fifty years, and in such case the jury shall determine by their verdict whether the punishment shall be by imprisonment in the county jail or in the state prison."

3. Amended by Stats. 1923, p. 271.

§ 265. Abduction of women. Every person who takes. any woman unlawfully, against her will, and by force, menace, or duress, compels her to marry him, or to marry any other person, or to be defiled, is punishable by imprison