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shall be imprisoned in the state prison for a term not exceeding five years, and be fined in a sum not exceeding one thousand dollars. [Sec.5163.] [Sidenote: Enticing female child for prostitution.] If any person take or entice away any unmarried female, under eighteen years of age, from her father, mother, guardian, or other person having the legal charge of her person, for the purpose of prostitution, he shall upon conviction be punished by imprisonment in the penitentiary for not more than three years, or by fine of not more than one thousand dollars and imprisonment in the county jail not more than one year. [Sec.5164.] [Sidenote: Enticing away child.] If any person maliciously, forcibly or fraudulently lead, take, decoy, or entice away any child under the age of fourteen years, with the intent to detain or conceal such child from its parent, guardian, or any other person having the lawful charge of such child, he shall be punished by imprisonment in the penitentiary not more than ten years, or by a fine not exceeding one thousand dollars or by both such fine and imprisonment. [Sec.5165.] [Sidenote: Seduction.] If any person seduce and debauch any unmarried woman of previously chaste character, he shall be punished by imprisonment in the penitentiary not more than five years, or by fine not exceeding one thousand dollars and imprisonment in the county jail not exceeding one year. [Sec.5166.] [Sidenote: Marriage a bar.] If, before judgment upon an indictment, the defendant marry the woman thus seduced, it is a bar to any further prosecution for the offense. [Sec.5167.] An offer, by the defendant, to marry the woman, will not be a bar to a prosecution for seduction, as nothing but actual marriage will constitute such bar. [Sidenote: Adultery.] Every person who commits the crime of adultery shall be punished by imprisonment in the penitentiary not more than three years, or by a fine not exceeding three hundred dollars and imprisonment in the county jail not exceeding one year; and when the crime is committed between parties, only one of whom is married, both are guilty of adultery and shall be punished accordingly. No prosecution for adultery can be commenced but on complaint of the husband or wife. [Sec.5317.] [Sidenote: Evidence in cases of rape or seduction.] The defendant in a prosecution for a rape, or for an assault with intent to commit a rape, or for enticing or taking away an unmar
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