employment as the defendant pretends to hold.32 And the federal courts have jurisdiction of prosecutions for violating the federal peonage statute though the same acts constitute a violation of the state statutes punishing kidnapping and false imprisonment.33 The relative power of the states and the United States to enforce the Eighteenth Amendment to the Federal Constitution prohibiting the manufacture and sale of intoxicating liquor, the power of the states to punish seditious utterances or publications in time of war,85 or in relation to matters covered by federal statutes enacted pursuant to the war power,86 and the validity of state statutes affecting interstate and foreign commerce,87 are considered in other chapters. 32 United States v. Barnow, 239 U. S. 74, 60 L. Ed. 155, 36 Sup. Ct. 19, rev'g 221 Fed. 140. 38 United States v. McClellan, 127 Fed. 971. 34 See § 1355 et seq., infra. § 346. General considerations. According to the weight of authority, abduction is not an indictable offense at common law unless accompanied with other circumstances which would of themselves be unlawful or constitute an offense, such as conspiracy, inveigling a ward in chancery having considerable property to marry a man much beneath her.8 1 Com. v. Francies, 53 Pa. Super. Ct. 278. Enticing a servant from the service of his master, or an infant from the service of his father is not an offense at common law. State v. Rice, 76 N. C. 194. Nor is abducting a female from her father with intent to defile her. State v. Sullivan, 85 N. C. 506. Nor from her mother for the purpose carnal knowledge. Anderson v. Com., 5 Rand. (Va.) 627, 16 Am. Dec. 776. 2 Com. v. Francies, 53 Pa. Super. Ct. 278; Anderson v. Com., 5 Rand. (Va.) 627, 16 Am. Dec. 776. Conspiracy and the deceitful and riotous taking away a girl of 15 from the custody of her father without his consent. Rex v. Twisleton, 2 Keb. 432, 84 Eng. Reprint 271; 1 Lev. 257, 83 Eng. Reprint 396. Conspiracy to put a young girl apprentice into the hands of a gentleman of rank and fortune for the purpose of prostitution. Rex V. Delaval, 3 Burr. 1434, 97 Eng. Reprint 913. 3 Rex v. Pierson, Andrews 310, 2 Stra. 1107, 95 Eng. Reprint 412. Abduction of females under certain circumstances and for certain purposes has been punished by statutes in England from an early date. And some of the earlier statutes have been held to be in force in some of the states of this country as a part of their common law.5 The offense is now defined and punished by express statutes in most, if not all, of the states. These statutes vary in the different states.6 Many of them in varying terms punish the taking, inveigling or enticing of females, or females under a certain age," from their parents or other persons having the legal charge or custody of them for purposes of prostitution, concubinage, 10 sexual intercourse,11 or marriage.12 Other statutes make it an offense for any male person to abduct or elope with the wife of another, provided she has been an innocent and virtuous woman since her marriage,13 or punish any person who takes or detains a woman against her will with intent to have carnal knowledge of her, or with intent to compel her to be married or defiled, or who takes a female against her will and compels or induces her to be married or defiled. In some states acts which are generally regarded as abduction have been included in the statutory definition of kidnapping.14 4 Stat. 4 and 5 Phil. & M., C. 8; State v. O'Bannon, 1 Bailey (S. C.) 144; State v. Findlay, 2 Bay (S. C.) 418; State v. Tidwell, 5 Strobh. (S. C.) 1; Wakefield's Case, 2 Lew. C. C. 1. Stat. 3 Hen. 7, C. 2, 14. Wakefield's Case, 2 Lew. C. C. 1; Case of Fulwood, Cro. Car. 488, 79 Eng. Reprint 1021; Baker & Hall's Case, 12 Coke 100, 77 Eng. Reprint 1374. Stat. 39 Eliz., C. 9. Case, 2 Lew. C. C. 1n. Wakefield's 7 See § 352, infra. 18 State v. O'Higgins, 178 N. C. 708, 100 S. E. 438. An elopement is the act of a wife who voluntarily deserts her husband to go away with and cohabit with another man. State v. O'Higgins, 178 N. C. 708, 100 S. E. 438. 14 In re McDonald, 50 Mont. 348, 146 Pac. 942. This is true in Georgia where there is no statute punishing abduction as such, and where the code provides that any person who forcibly, maliciously, or fraudulently leads, takes, carries, decoys, or entices away any child under the age of eighteen years from its parent or guardian or against his will, or without his consent, is guilty of kidnapping. 6 Park's Ann. Code, 1914, § 110. § 347. The taking-In general. A taking of the woman is an essential element of the offense under some of the statutes.15 And to sustain a conviction under a statute punishing taking, inveigling or enticing, the female must have gone as the result of inducements, persuasion, or the like, offered by the defendant. Merely receiving or harboring her, after she has left without any inducement or persuasion on his part, is not enough,16 except where the statute makes receiving or harboring her an offense.17 The use of physical force or violence is not necessary, however, even where the statute requires a taking, and especially where it punishes inveigling or enticing as well,18 but it is sufficient if the girl is induced to go away by persua Enticing a girl under eighteen to leave her father's home for the purpose of having sexual intercourse is punishable under this provision. Carter v. State, 14 Ga. App. 51. See also kidnapping, chap. 20, infra. 15 To take means to seize, to lay hold upon, to catch. State v. Hromadko, 123 Iowa 665, 99 N. W. 560; Couch v. Com., 16 Ky. L. Rep. 477, 29 S. W. 29. As used in a statute punishing any person who takes a woman unlawfully and against her will and compels her to be married or to be defiled, it means to obtain possession by force or artifice, to get the custody or control of, to reduce to one's power of will. State v. Hromadko, 123 Iowa 665, 99 N. W. 560. A man who puts his hands under the bedclothes and touches a girl, who is asleep, and tries to unbutton her drawers, is within a statute punishing whoever shall "take" a woman against her will with intent to have carnal knowledge of her. Couch v. Com., 16 Ky. L. Rep. 477, 29 S. W. 29. Minnesota. State v. Jamison, 38 Minn. 21, 35 N. W. 712. New York. People v. Plath, 100 N. Y. 590, 3 N. E. 790, 53 Am. Rep. 236; Carpenter v. People, 8 Barb. (N. Y.) 603; People v. Parshall, 6 Park. Cr. R. (N. Y.) 129. England. Reg. v. Hibert, L. R. 1 C. C. 184, 11 Cox C. C. 246; Reg. v. Olifer, 10 Cox C. C. 402; Reg. v. Green, 3 Fost. & F. 274. 17 People v. Smith, 114 N. Y. App. Div. 513, 100 N. Y. Supp. 259. A husband who takes, receives or harbors his wife for the purpose of sexual intercourse with another is within a statute punishing any person who takes, receives, or harbors a female for the purpose of prostitution, or, not being her husband, for the purpose of sexual intercourse." People v. Deckenbrock, 157 N. Y. App. Div. 379, 142 N. Y. Supp. 278, aff'd 209 N. Y. 604, 103 N. E. 1128. A person in charge of a hotel who receives a man and woman and furnishes them with a bedroom comes within such a provision. People v. Deckenbrock, 157 N. Y. App. Div. 379, 142 N. Y. Supp. 278, aff'd 209 N. Y. 604, 103 N. E. 1128. 18 California. People v. Demousset, 71 Cal. 611, 12 Pac. 788. Kansas. State v. Bussey, 58 Kan. 679, 50 Pac. 891. sion, enticement or inducements offered to her,19 or by furnishing her with the means or money with which to go.20 But under statutes punishing abduction or enticement by means of fraud, deceit, or false representations, the use of the prescribed means must be shown.21 Minnesota. State V. Keith, 47 Minn. 559, 50 N. W. 691; State v. Jamison, 38 Minn. 21, 35 N. W. 712. Missouri. State v. Corrigan, 262 Mo. 195, 171 S. W. 51; State v. Baldwin, 214 Mo. 290, 113 S. W. 1123. New York. People v. Smith, 114 N. Y. App. Div. 513, 100 N. Y. Supp. 259; People v. Seeley, 37 Hun 190; Kauffman v. People, 11 Hun 82; Carpenter v. People, 8 Barb. 603. North Carolina. State v. Chisenhall, 106 N. C. 676, 11 S. E. 518. Tennessee. South V. State, 97 Tenn. 496, 37 S. W. 210; Scruggs v. State, 90 Tenn. 81, 15 S. W. 1074. Washington. State v. Richards, 88 Wash. 160, 152 Pac. 720. England. Reg. v. Kipps, 4 Cox C. C. 168.. The offense may be accomplished without any actual manual capture of the female. People v. Seeley, 37 Hun (N. Y.) 190. Force is not necessary under a statute punishing taking a woman against her will with intent to compel her, by force, menace or duress, to be defiled, but it is sufficient if she is induced to go by false representations or deceit. Schnicker v. People, 88 N. Y. 192; Beyer v. People, 86 N. Y. 369. 19 California. People v. Demousset, 71 Cal. 611, 12 Pac. 788. Illinois. Slocum v. People, 90 Ill. 274. Kansas. State v. Bussey, 58 Kan. 679, 50 Pac. 891. Minnesota. State V. Keith, 47 Minn. 559, 50 N. W. 691; State v. Jamison, 38 Minn. 21, 35 N. W. 712. Missouri. State v. Corrigan, 262 Mo. 195, 171 S. W. 51; State v. Bald New York. N. Y. App. Div. 513, 100 N. Y. Supp. 259; People v. Seeley, 37 Hun (N. Y.) 190; Kauffman v. People, 11 Hun (N. Y.) 82; Carpenter v. People, 8 Barb. (N. Y.) 603. People v. Smith, 114 North Carolina. State v. Chisenhall, 106 N. C. 676, 11 S. E. 518; State v. George, 93 N. C. 567. Tennessee. South V. State, 97 Tenn. 496, 37 S. W. 210. Washington. State v. Richards, 88 Wash. 160, 152 Pac. 720. It is not necessary that the defendant directly propose to her that she go with him, but it is sufficient if he induces her to go by acts and statements intended to have that effect. People v. Carrier, 46 Mich. 442, 9 N. W. 487. 20 State v. Bussey, 58 Kan. 679, 50 Pac. 891; State v. Corrigan, 262 Mo. 195, 171 S. W. 51. 21 Weldon v. State, 165 Wis. 452, 162 N. W. 428. It has been held that a statute making it an offense to fraudulently and deceitfully entice away an unmarried female from her father's house, without the consent of her parents, for the purpose of effecting her marriage without such consent, requires that the fraud and deceit must be practiced upon the female in order to entice her away, and not upon her parents, and that the offense is not committed where a girl willingly goes away with a man and voluntarily marries him, without any fraud or deceit |