tary or naval expedition or enterprise, to be carried on from this State against the territory or people of any State of the United States, shall, upon conviction thereof, be imprisoned in the State prison not more than fourteen years nor less than two years, fined not more than five thousand dollars nor less than one hundred dollars, and disfranchised and rendered incapable of holding any office of trust or profit for any determinate period. [1861 S., p. 44. In force May 9, 1861.] 1975. Aiding hostile army. 1. Any person or persons belonging to or residing within this State, or under the protection of its laws, who shall take or accept a commission or commissions from any person or persons, State or States, or other enemies of this State, or of the United States, for the purpose of joining or commanding any army or band of men hostile to or in rebellion against this State or the United States; or who shall knowingly and willfully aid or assist any enemies in open war, or persons in rebellion against this State or the United States, by joining their armies, or by enlisting or procuring or persuading others to enlist for that purpose; or by furnishing such enemies or persons in rebellion with arms or ammunition or provisions or any other articles for their aid or comfort; or by shipping, sending, or carrying to such enemies or rebels, or their agents, any arms, ammunition, or provisions, or other articles for their aid or comfort; or by carrying on a traitorous correspondence with them; or shall form or be in any wise concerned in forming any combination or plot or conspiracy for betraying this State or the United States, or the armed forces of either, into the hands or power of any foreign enemy; or of any organized or pretended government engaged in resisting the laws or authority of the Government of the United States of America; or shall give or send any intelligence to any such enemies or pretended government, or their forces, for that purpose,- shall, upon conviction thereof, be imprisoned in the State prison for a term not less than two nor more than twenty-one years, and be fined a sum not exceeding ten thousand dollars. 1976. Privateering. 2. Every person who shall, within this State, build, construct, alter, fit out, or shall aid or assist in building, constructing, or fitting out any vessel or boat for the purpose of making war or privateering or other purpose, to be used in the service of any person or parties whatsoever, to make war on the United States of America, or to resist, by force, the execution of the laws of the United States; or for the purpose of privateering under authority of any organized or pretended government,-shall, upon conviction thereof, be imprisoned in the State prison for a term not less than two nor more than twenty-one years, and be fined a sum not exceeding ten thousand dollars. [1881 S., p. 174. In force September 19, 1881.] 1977. Challenge to duel. 74. Whoever gives or accepts a challenge to fight a duel, or agrees to go out of the State for the purpose of fighting a duel, or under pretense of fighting a duel, or who carries to any person a challenge to fight a duel, shall, upon conviction thereof, be fined in any sum not less than one hundred dollars, and be imprisoned not exceeding one year in the jail of the proper county, and ever after be ineligible to any office of trust or profit. 1. A verbal challenge is within the statute.- State v. Perkins, 6 Blackf. 20. 1978. Dueling. 75. Whoever fights a duel, if death do not ensue, on conviction shall be fined in any sum not less than one hundred dollars, and be imprisoned in the jail of the proper county for any term of time not exceeding one year, and shall ever afterward be ineligible to any office of trust or profit. 1979. Prize-fighting. 76. Whoever engages as principal in any prize fight, or attends any such fight as a backer, trainer, second, umpire, assistant, or reporter, shall be fined not less than fifty nor more than five hundred dollars, to which may be added imprisonment in the county jail not exceeding six months. 1980. Affray. 77. If two or more persons, by agreement, fight in any public place, the persons so offending are guilty of an affray, and shall be fined not exceeding twenty dollars, or imprisoned in the county jail not exceeding five days each. I. As to the indictment - It is enough to state the county where it occurred, without specifying the township.— State v. Warner, 4 Ind. 604. To charge that the defendants fought in a public place, and not whom they fought, is bad.-State v. Vanloan, 8 Ind. 182. A highway is not necessarily a public place.-State v. Weekly, 29 Ind. 206. 2. See section 1638. 1981. Riot. 78. If three or more persons shall do an act in a violent and tumultuous manner, they shall be deemed guilty of a riot, and, upon conviction thereof, shall be fined not exceeding five hundred dollars each, to which may be added imprisonment in the county jail for any time not exceeding three months. I. As to the indictment, see Turpin v. State, 4 Blackf. 72; State v. Dillard, 5 id. 365; State v. Scaggs, 6 id. 37; State v. Voshall, 4 Ind. 589; Thayer v. State, II id. 287; Kiphart v. State, 42 id. 274; State v. Cutter, 59 id. 572. 2. As to the evidence, see Bankus v. State, 4 Ind. 114; Sloan v. State, 9 id. 565; Hardebeck v. State, 10 id. 459; Trittipo v. State, 13 id. 360; Wininger v. State, 13 id. 540. 1982. Rout. 79. If three or more persons shall meet together to do an unlawful act upon a common cause, and shall make advances toward the commission thereof, they shall be deemed guilty of a rout, and, upon conviction, shall be fined not exceeding one hundred dollars each, or they may be imprisoned in the county jail not exceeding sixty days. 1983. Provocation. 8o. Whoever, by words, signs, or gestures, provokes or attempts to provoke another, who has the present ability to do so, to commit an assault or an assault and battery upon him, is guilty of criminal provocation, and, upon conviction thereof, shall be fined in any suni not exceeding twenty dollars. 1. The words, signs, or gestures need not be stated, nor need the assault and battery be formally described in the indictment. - Stuckmyer v. State, 29 Ind. 20. 1984. Drawing dangerous weapon. 81. Whoever draws or threatens to use any pistol, dirk, knife, slung-shot, or any other deadly or dangerous weapon, already drawn upon any other person, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not less than one nor more than five hundred dollars, to which may be added imprisonment in the county jail not exceeding six months: Provided, That the provisions of this section shall not apply to a person drawing or threatening to use such dangerous or deadly weapons in defense of his person or property, or in defense of those entitled to his protection by law. 1984a. Pointing firearm. 1. It shall be unlawful for any person over the age of ten years, with or without malice, purposely to point or aim any pistol, gun, revolver or other firearm, either loaded or empty, at or toward any other person, and any person so oftending shall be guilty of an unlawful act, and upon conviction shall be fined in any sum not less than one nor more than five hundred dollars. [Act in force June 5, 1883. S., p. 107. 1985. Carrying dangerous weapon. 82. Every person, not being a traveler, who shall wear or carry any dirk, pistol, bowie-knife, dagger,.sword-in-cane, or any other dangerous or deadly weapon concealed, or who shall carry or wear any such weapon openly, with the intent or avowed purpose of injuring his fellow man, shall, upon conviction thereof, be fined in any sum not exceeding five hundred dollars. I. This is constitutional. - State v. Mitchell, 3 Black f. 229. 2. As to the indictment, see State v. Duzan, 6 Blackf. 31: State v. Swope, 20 Ind. 106. 3. As to the evidence, see Walls v. State, 7 Blackf. 572; Smith v. State, 69 Ind. 140. [1875, p. 59. In force August 24, 1875.] 1986. Furnishing deadly weapon to minor. 1. It shall be unlawful for any person to sell, barter, or give to any person under the age of twenty-one years any pistol, dirk, or bowie-knife, slung shot, knucks, or other deadly weapon that can be worn or carried concealed upon or about the person; or to sell, barter, or give to any person under the age of twenty-one years any cartridges manufactured and designed for use in a pistol. 1987. Penalty. 2. Any person who shall violate any of the provisions of the foregoing section shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum not less than five dollars nor more than fifty dollars. [1885 S., p. 194. In force July 18, 1885.] 1987a. Sale of dangerous toy. 1. It shall be unlawful for any firm, company or person within the State of Indiana to manufacture, sell, or expose for sale, or give away as a prize or reward, any toy pistol, or other device for the purpose of exploding caps or wafers containing fulminates or other explosive compounds, and persons so selling or offering to sell or give away such toy shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than ten dollars nor more than fifty dollars, or be imprisoned in the county jail not less than ten nor more than twenty days. [1881 S., p. 174. In force September 19, 1881.] 1988. Disturbing meetings. 83. Whoever, by any loud or unnecessary talking, hallooing, or by any threatening, abusive, profane, or obscene language, or violent actions, or by any other rude behavior, interrupts, molests, or disturbs any collection of any inhabitants of this State convened for the purpose of worship, or any agricultural fair or exhibition or any person present thereat or going to or returning therefrom; or who, in like manner, interrupts, molests, or disturbs any meeting of inhabitants of this State met together for any lawful purpose,— shall be fined in any sum not more than fifty dollars nor less than five dollars. Sextons of churches, and officers of fairs, or other meetings contemplated in this section are hereby authorized to arrest any person so disturbing such public meetings. 1. For construction, see State v. Solomon, 33 Ind. 450. 2. As to the indictment, see State v. Ringer, 6 Blackf. 109; State v. Oskins, 28 Ind. 364; State v. Zimmerman, 53 id. 360; Kidder v. State, 58 id. 68. 3. As to the evidence, see State v. Synder, 14 Ind. 429; Kidder v. State, 58 id. 68; State v. Lusk, 68 id. 264. ARTICLE 5 - AGAINST PUBLIC MORALS. 1995. Public indecency. 1996. Disposing of obscene literature. 1997. Sending obscene literature. 2003. Prostitute. 2004. Letting stallions in public. [1881 S., p. 174. In force September 19, 1881.] 1989. Bigamy. 84. Whoever being married, marries again, the former husband or wife being alive and the bond of matrimony still undissolved, and no legal presumption of death having arisen, is guilty of bigamy, and, upon conviction thereof, shall be imprisoned in the State prison not exceeding five nor less than two years, or be fined not exceeding one thousand dollars, and be imprisoned in the county jail not less than three nor more than six months. I. As to the indictment, see Hutchens v. State, 28 Ind. 34. 2. As to the evidence, see State v. Seals, 16 Ind. 352; Hendricks v. State, 26 id. 493; Squire v. State, 46 id. 459. 1990. Incest. 85. If any step-father shall have sexual intercourse with his step-daughter, knowing her to be such; or if any step-mother and her step-son shall have sexual intercourse together, having knowledge of their relationship; or if any parent shall have sexual intercourse with his or her child, knowing him or her to be such; or if any brother and sister, being of the age of sixteen or upwards, shall have sexual intercourse together, having knowledge of their consanguinity, he or she shall be deemed guilty of incest, and, upon conviction thereof, shall be imprisoned in the State prison not less than two nor more than ten years, or may be imprisoned in the county jail not less than six nor more than twelve months. 1. As to the indictment, see Williams v. State, 2 Ind. 439; Baumer v. State, 49 id. 544. 2. As to the evidence, see Lovell v. State, 12 Ind. 18. 1991. Adultery and fornication. 86. Whoever cohabits with another in a state of adultery or fornication shall be fined in any sum not exceeding five hundred dollars, and imprisoned in the county jail not exceeding six months. 1992. Seduction. 87. Any male person who, under promise of marriage, shall have illicit carnal intercourse with any female of good repute for chastity, under the age of twenty-one years, shall be deemed guilty of seduction, and, upon conviction, shall be imprisoned in the State prison. not more than five years nor less than one year, and fined not exceeding five hundred dollars, or be imprisoned in the county jail not exceeding six months. 1. As to indictment and evidence, see Stinehouse v. State, 47 Ind. 17. 1993. Enticing females to house of ill-fame. 88. Whoever entices or takes away any female of previous chaste character from wherever she may be to a house of ill-fame, or elsewhere, for the purpose of prostitution, shall be imprisoned in the State prison not more than five nor less than two years, or may be imprisoned in the county jail not exceeding one year, and be fined not exceeding five hundred dollars. I. This requires that the female shall possess actual chastity, and not merely good reputation for chastity; and, therefore, former acts of lewdness by her are proper evidences for the defense.- Lyons v. State, 52 Ind. 426. 2. When the indictment charges the defendant with abduction of the female "for the purpose of having illicit carnal intercourse with her," it is bad.--Osborn v. State, 52 Ind. 526. 1994. Keeping house of ill-fame. 89. Whoever keeps a house of ill-fame, resorted to for the purpose of prostitution or lewdness; or knowingly lets a house to be so kept; or knowingly permits a house which he has let to be so kept,― shall be fined not more than one hundred dollars nor less than ten dollars, to which may be added imprisonment in the county jail not exceeding six months. 1995. Public indecency. 90. Whoever, being over fourteen years of age, makes an indecent exposure of his person in a public place, or in any place where there are other persons to be offended or annoyed thereby; or uses or utters any obscene or licentious language or words in the presence or hearing of any female; or who frequents houses of ill-fame, except a physician to treat a patient or patients,—is guilty of public indecency, and shall be fined not more than one hundred dollars nor less than five dollars, to which may be added imprisonment in the county jail not exceeding six months. I. As to the indictment, see Ardery v. State, 56 Ind. 328. 1996. Disposing of obscene literature. 91. Whoever sells or lends or offers to sell or lend, or gives away or offers to give away, or in any manner exhibits or has in his possession, with or without intent to sell, lend, or give away, any obscene, lewd, indecent, or lascivious book, pamphlet, paper, drawing, lithograph, engraving, picture, daguerreotype, photograph, stereoscopic picture, model, cast, instrument, or article of indecent or immoral use, or instrument or article for procuring abortion or for selfpollution, or medicine for procuring abortion or preventing conception; or advertises the same or any of them for sale; or writes or prints any letter, circular, hand-bill, card, book, pamphlet, advertisement, or notice of any kind; or gives information orally, stating when, how, where, or by what means, or of whom, any of the obscene, lewd, indecent, or lascivious articles or things hereinbefore mentioned, can be purchased, borrowed, presented, or otherwise obtained, or are manufactured; or manufactures, or draws and exposes, or draws, with intent to sell, or have sold, or prints any such articles or things,- shall be fined not more than five hundred dollars nor less than ten dollars, to which may be added imprisonment in the county jail not more than six months nor less than ten days; but nothing in this section, or in the next two sections, shall be construed to affect teaching in regularly chartered medical colleges, or the publication of standard medical books, or the practice of regular practitioners of medicine, or druggists in their legitimate business. 1997. Sending obscene literature. 92. Whoever deposits in any post-office in this State, or places in charge of any person to be carried or conveyed, any lewd, obscene, indecent, or lascivious book, paper, pamphlet, drawing, lithograph, engraving, picture, daguerreotype, photograph, stereoscopic picture, model, cast, instrument or article of indecent or immoral use, or instrument or article for procuring abortion or for self-pollution, or medicine for procuring abortion or preventing conception, or any circular, hand-bill, card, advertisement, book, pamphlet, or notice of any kind; or gives oral information, stating when, where, how, or of whom such articles or things or any of them can be purchased or otherwise obtained; or knowingly receives the same or any of them, with intent to carry or convey the same; or knowingly carries or conveys the same, except in the United States mail, shall be fined not more than five hundred dollars nor less than five dollars, to which may be added imprisonment in the county jail not more than six months nor less than ten days. 1998. Advertising drugs for female use. 93. Whoever prints or publishes any advertisement of any secret drug or nostrum purporting to be for the exclusive use of females, or which cautions females against their use when in a condition of pregnancy; or in any way publishes any account or description of any drug, medicine, instrument, or apparatus for prevent |