Treason.

Misprision of

treason.

Murder in first degree.

Murder by duel in this State.

Murder by duel outside of this

State.

CHAPTER XXXVII.

AN ACT concerning public offenses and their punishment.

[APPROVED APRIL 14, 1881.]

[Offenses Against the Sovereignty of the State.]

SECTION 1. Be it enacted by the General Assembly of the State of Indiana, Whoever levies war against this State, or knowingly adheres to its enemies, giving them aid or comfort, is guilty of treason against the State of Indiana; and upon the conviction thereof shall suffer death, or be imprisoned in the State prison during life, in the discretion of the jury.

SEC. 2. Whoever, having knowledge that any person has committed treason or is about to commit treason against this State, willfully omits or refuses to give information thereof to the Governor or some Judge of the State, as soon as may be, is guilty of misprision of treason, and upon conviction thereof shall be imprisoned in the State prison for any period not exceeding twenty-one years, and fined in any sum not exceeding ten thousand dollars, and shall also be disfranchised and rendered incapable of holding any office for any period not less than ten years.

[Offenses Against the Person.]

SEC. 3. Whoever, purposely and with premeditated malice, or in the perpetration of, or attempt to perpetrate any rape, arson, robbery or burglary, or by administering poison or causing the same to be done, kills any human being, is guilty of murder in the first degree, and upon conviction thereof shall suffer death, or be imprisoned in the State prison during life, in the discretion of the jury.

SEC. 4. Whoever fights a duel with another in this State, and in so doing inflicts a wound upon his antagonist, or any other person, whereof the person thus injured shall die, is guilty of murder in the first degree, and upon conviction thereof shall suffer death, or be imprisoned in the State prison during life, in the discretion of the jury.

SEC. 5. Whoever, by previous appointment made within, fights a duel without, this State, and in so doing inflicts a mortal wound upon any person, whereof the person thus injured shall die within this State, is guilty of murder in the first degree, and, upon conviction thereof, shall suffer

death or be imprisoned in the State prison during life, in the discretion of the jury.

ond degree.

SEC. 6. Whoever purposely and maliciously, but with- Murder in secout premeditation, kills any human being, is guilty of murder in the second degree, and, upon conviction thereof, shall be imprisoned in the State prison during life.

SEC. 7. Whoever unlawfully kills any human being Manslaughter. without malice, express or implied, either voluntarily upon a sudden heat, or involuntarily, but in the commission of some unlawful act, is guilty of manslaughter, and, upon conviction thereof, shall be imprisoned in the State prison not more than twenty-one years nor less than two years.

tery with intent,

SEC. 8. Whoever perpetrates an assault or an assault Assault and batand battery upon any human being, with intent to commit etc. a felony, shall, upon conviction thereof, be imprisoned in the State Prison not more than fourteen years nor less than two years, and be fined not exceeding two thousand dollars.

SEC. 9. Whoever, having the present ability to do so, Assault. unlawfully attempts to commit a violent injury on the person of another, is guilty of an assault, and upon conviction thereof, shall be fined in any sum not exceeding fifty dollars. SEC. 10. Whoever, in a rude, insolent or angry manner, Assault and unlawfully touches another, is guilty of an assault and battery, and upon conviction thereof shall be fined not more than one thousand dollars, to which may be added imprisonment in the county jail not exceeding six months.

battery.

mayhem.

SEC. 11. Whoever purposely and maliciously, with in- Malicious tent to maim or disfigure, cuts, bites or slits the nose, ear or lip, cuts out or disables the tongue, puts out or destroys an eye, cuts off or disables a limb or any member of another person, is guilty of malicious mayhem, and upon conviction thereof shall be imprisoned in the State prison not more than fourteen years, nor less than two years, and be fined not more than two thousand dollars.

SEC. 12. Whoever violently and unlawfully deprives Simple mayhem. another of the use of any bodily member, or unlawfully and willfully disables the tongue or eye, or cuts, bites or slits the nose, ear or lip of another, is guilty of simple mayhem, and upon conviction thereof, shall be fined not more than two thousand dollars, nor less than five dollars, and shall be imprisoned in the county jail not more than six months, nor less than twenty days.

SEC. 13. Whoever forcibly and feloniously takes from Robbery. the person of another, any article of value, by violence or by putting in fear, is guilty of robbery, and, upon conviction thereof, shall be imprisoned in the State prison not

Kidnapping.

Child stealing.

Rape.

Rape of insane

woman.

Poisoning with intent to kill.

Poisoning springs, etc.

more than fourteen years nor less than two years, and be fined not exceeding one thousand dollars, and disfranchised and rendered incapable of holding any office of trust or profit for any determinate period.

SEC. 14. Whoever kidnaps or forcibly or fraudulently carries off, or decoys from his place of residence, or arrests or imprisons any person, with the intention of having such person carried away from his place of residence, unless it be in pursuance of the laws of this State or of the United States, is guilty of kidnapping, and, upon conviction thereof, shall be fined not more than five thousand dollars, nor less than one hundred dollars, and be imprisoned in the State prison not more than fourteen years nor less than two years.

SEC. 15. Whoever takes, leads, carries, decoys or entices away a child under the age of twelve years, with intent unlawfully to detain or conceal such child from its parents, guardian or other person having the lawful charge or custody thereof, and whoever with the intent aforesaid knowingly harbors or conceals any such child so led, taken, carried, decoyed or enticed away, upon conviction thereof, shall be fined not more than one thousand dollars, nor less than fifty dollars, and imprisoned in the State prison not more than fourteen years nor less than two years.

SEC. 16. Whoever unlawfully has carnal knowledge of a woman forcibly against her will, or of a female child under twelve years of age, is guilty of rape, and, upon conviction thereof, shall be imprisoned in the State prison not more than twenty-one years nor less than five years.

SEC. 17. Whoever, being seventeen years old and upward, has carnal knowledge of any woman other than his wife, such woman being insane, and he knowing her to be such, shall, upon conviction thereof, be imprisoned in the State prison not more than twenty-one years nor less than five years.

SEC. 18. Whoever administers, or procures to be administered, any poison to any other human being, or mingles poison with any food, drink or medicine, with intent to kill or injure the person to whom the same shall be administered, if death do not ensue, upon conviction thereof, shall be imprisoned in the State prison not more than fourteen years nor less than three years.

SEC. 19. Whoever poisons any spring, well, cistern or reservoir of water, with intent to kill or injure any human being, upon conviction thereof, shall be imprisoned in the State prison not more than fourteen years nor less than three years.

medicines, etc.,

SEC. 20. Whoever, while in a state of intoxication, pre- Prescribing scribes or administers any poison, drug or medicine to an- when drunk. other, which endangers the life of such other person, shall be fined not more than one hundred dollars nor less than ten dollars, and imprisoned in the county jail not more than three months nor less than ten days.

cret medicines.

SEC. 21. Whoever prescribes any drug or medicine to Prescribing seanother, the true nature and composition of which he does not, if enquired of, truly make known, but avows the same a secret medicine or composition, and thereby endangers the life of such other person, shall be fined not more than one hundred dollars nor less than thirty dollars, and imprisoned in the county jail not more than six months nor less than sixty days.

carriage.

SEC. 22. Whoever prescribes or administers to any preg Attempting to nant woman, or to any woman whom he supposes to be rare mispregnant, any drug, medicine or substance whatever, with intent thereby to procure the miscarriage of such woman, or, with like intent, uses any instrument or means whatever, unless such miscarriage is necessay to preserve her life, shall, if the woman miscarries, or dies in consequence thereof, be fined not more than five hundred dollars nor less than fifty dollars, and imprisoned in the State prison not more than fourteen years nor less than three years.

produce miscar

riage.

SEC. 23. Every woman who shall solicit of any person Woman solicitany medicine, drug, or substance or thing whatever, and shall ing medicine to take the same, or shall submit to any operation or other means whatever, with intent thereby to procure a miscarriage, except when by a physician for the purpose of saving the life of mother or child, shall be fined not more than five hundred dollars nor less than ten dollars, and imprisoned in the county jail not more than twelve months nor less than thirty days, and any person who in any manner whatever unlawfully aids or assists any such woman to a violation of this section, shall be liable to the same penalty.

SEC. 24. Whoever makes, composes, dictates, prints or Libel. writes a libel to be published, or procures the same to be done, and whoever publishes or knowingly aids in publishing or communicating a libel, is guilty of libel, and shall, upon conviction thereof, be fined not more than one thousand dollars nor less than five dollars, to which may be added imprisonment in the county jail, for not more than one year nor less than ten days.

SEC. 25. Whoever, either verbally, or by any letter or Blackmailing. writing, or any written or printed communications, demands

of any person, with menaces of personal injury, any chattel,

Araon.

money or other valuable security; or whoever accuses, or threatens to accuse, or knowingly sends or delivers any letter or writing, or any written or printed communication, with or without a name subscribed thereto, or signed with a fictitious name, or with any letter, mark or designation, accusing, or threatening to accuse, any person of any crime punishable by law, or of any immoral conduct, which, if true, would tend to degrade and disgrace such person, or in any way to subject him to the ridicule or contempt of society, or to do any injury to the person or property of any one, with intent to extort or gain from such person any chattel, money or valuable security, or any pecuniary advantage whatsoever, or with any intent to compel the person threatened to do any act against his will, with the intent aforesaid, is guilty of blackmailing, and shall, on conviction thereof, be imprisoned in the State prison for not more than five years nor less than one year, to which may be added a fine not exceeding one thousand dollars.

[OFFENSES AGAINST PROPERTY.]

[Arson and Other Burnings.]

SEC. 26. Whoever willfully and maliciously burns or attempts to burn any dwelling house or other building, finished or unfinished, occupied or unoccupied, whether the building be used or intended for a dwelling house or for any other purpose, or any boat, wharf boat, water-craft or vessel, finished or unfinished, or any bridge, whether wholly within this State or not, or any cord wood in a pile, or any rick, stack or shock of grain, hay or straw, or any grain not severed from the ground, or any fence of whatever material constructed, or the material intended for the construction of any such house, building, boat, bridge or fence, or any tan-bark, tree, timber or lumber, or any railroad car, or a water-tank connected with a railroad; the property so burned, being of the value of twenty dollars or upwards, and being the property of another, or being insured against loss or damage by fire, and the burning or attempt to burn, being with intent to prejudice or defraud the insurer, is guilty of arson, and, upon conviction thereof, shall be imprisoned in the State prison not more than twenty-one years nor less than one year, and fined not exceeding double the value of the property destroyed, and should the life of any person be lost thereby, such offender shall be deemed guilty of murder in the first degree, and shall suffer death or be imprisoned in the State prison during life.