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and twentieth meridian of longitude east of Greenwich, not being in the possession or under the protection of any civilized power, shall be fined not more than fifty dollars, or imprisoned not more than three months, or both. In addition to such punishment, all articles of a similar nature to those in respect to which an offense has been committed, found in the possession of the offender, may be declared forfeited. If it shall appear to the court that such opium, wine, or spirits have been given bona fide for medical purposes, it shall be lawful for the court to dismiss the charge.1

970. Criminal Code. Sec. 309. Offenses under Preceding Section Deemed on High Seas.

All offenses against the provisions of the section last preceding, committed on any of said islands or on the waters, rocks, or keys adjacent thereto, shall be deemed committed on the high seas on board a merchant ship or vessel belonging to the United States and the Courts of the United States shall have jurisdiction accordingly.1

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§ 971. Criminal Code. Sec. 310. Vessels of the United States Defined.

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The words "vessel of the United States", wherever they occur in this chapter, shall be construed to mean a vessel belonging in whole or in part to the United States, or any citizen thereof, or any corporation created by or under the laws of the United States, or of any State, Territory, or District thereof.1

§ 969. 135 Stat. L. 1148. § 970. 135 Stat. L. 1148.

§ 971. 135 Stat. L. 1148.

CHAPTER LVIII

CRIMINAL CODE, CHAPTER THIRTEEN

CERTAIN OFFENSES IN THE TERRITORIES

§ 972. Crim. Code § 311. Places within Which Sections of This Chapter

Shall Apply.

§ 973. Crim. Code § 312. Circulation of Obscene Literature; Promoting

§ 974. Crim. Code § 313. § 975. Crim. Code § 314. § 976. Crim. Code § 315. $977. Crim. Code § 316. § 978. Crim. Code § 317. § 979. Crim. Code § 318. § 980. Crim. Code § 319.

§ 981. Crim. Code § 320.

§ 982. Crim. Code § 321. § 983. Crim. Code § 322.

Abortion.
Polygamy.

Unlawful Cohabitation.
Joinder of Counts.
Adultery.
Incest.
Fornication.

Certificates of Marriage; Penalty for Failure to
Record.

Prize Fights, Bull Fights, etc.

Definition of "Pugilistic Encounter."
Train Robberies in Territories, etc.

§ 972. Criminal Code. Sec. 311. Places within Which Sections of This Chapter Shall Apply.

Except as otherwise expressly provided, the offenses defined in this chapter shall be punished as hereinafter provided, when committed within any Territory or District, or within or upon any place within the exclusive jurisdiction of the United States.1

This section extends the jurisdiction to the District of Columbia.2

§ 973. Criminal Code. Sec. 312. Literature; Promoting Abortion.

Circulation of Obscene

Whoever shall sell, lend, give away, or in any manner exhibit, or offer to sell, lend, give away, or in any manner

§ 972.

135 Stat. L. 1148.

2 Johnson v. United States, 225

U. S. 405, 56 L. ed. 1142, 32 S. C.

748.

exhibit, or shall otherwise publish or offer to publish in any manner, or shall have in his possession for any such purpose, any obscene book, pamphlet, paper, writing, advertisement, circular, print, picture, drawing, or other representation, figure, or image on or of paper or other material, or any cast, instrument, or other article of an immoral nature, or any drug or medicine, or any article whatever, for the prevention of conception, or for causing unlawful abortion, or shall advertise the same for sale, or shall write or print, or cause to be written or printed, any card, circular, book, pamphlet, advertisement, or notice of any kind, stating when, where, how, or of whom, or by what means, any of the articles above mentioned can be purchased or obtained, or shall manufacture, draw, or print, or in anywise make any of such articles, shall be fined not more than two thousand dollars, or imprisoned not more than five years, or both.1

§ 974. Criminal Code. Sec. 313. Polygamy.

Every person who has a husband or wife living, who marries another, whether married or single, and any man who simultaneously, or on the same day, marries more than one woman, is guilty of polygamy, and shall be fined not more than five hundred dollars and imprisoned not more than five years. But this section shall not extend to any person by reason of any former marriage whose husband or wife by such marriage shall have been absent for five successive years, and is not known to such person to be living, and is believed by such person to be dead, nor to any person by reason of any former marriage which shall have been dissolved by a valid decree of a competent court, nor to any person by reason of any former marriage which shall have been pronounced void by a valid decree of a competent court, on the ground of nullity of the marriage contract.1

§ 973.

Formerly R. S. Sec. 5389, 35 Stat. L. 1149.

The right of the sovereignty to prohibit polygamy has been upheld. The crime is a continuing one and a defendant cannot of Jesus Christ of Latter-Day Saints v. United States, 136 U. S. 1, 34 L. ed. 478, 10 S. C. 792, citing Davis v. Beason, 133 U.S. 333, 33 L. ed. 637, 10 S. C. 299.

1

§ 974. Formerly R. S. Sec. 5352, 35 Stat. L. 1149.

2 Late Corporation of the Church

be convicted twice for the same crime simply because the acts were committed on different days. To the second indictment the plea of former jeopardy is a complete defense.3 The testimony of the second wife given on a former trial may be read into the record when the accused secreted her so that she could not be produced in court by the government. Religious belief of the defendant that he was permitted to have more than one wife is no defense to a prosecution for bigamy.5 A bigamous or plural wife may testify against the bigamous husband. A man who holds out to the world two women as his wives, lives in the same house with both of them, spends part of his time with each woman is guilty of polygamy.7

If

§ 975. Criminal Code. Sec. 314. Unlawful Cohabitation. any male person cohabits with more than one woman, he shall be fined not more than three hundred dollars, or imprisoned not more than six months, or both.1

An indictment following the wording of the statute is sufficient.2 No proof of actual intercourse is necessary to make out a crime of unlawful cohabitation.3

§ 976. Criminal Code. Sec. 315. Joinder of Counts.

Counts for any or all of the offenses named in the two sections last preceding may be joined in the same information or indictment.1

977. Criminal Code. Sec. 316. Adultery.

Whoever shall commit adultery shall be imprisoned not more than three years; and when the act is committed. between a married woman and a man who is unmarried,

Ex parte Nielsen, 131 U. S. 176, 33 L. ed. 118, 9 S. C. 672; Snow v. United States, 118 U. S. 346, 30 L. ed. 207, 6 S. C. 1059.

4 Reynolds v. United States, 98 U. S. 145, 25 L. ed. 244.

5 Ibid.

Miles v. United States, 103 U. S. 304, 26 L. ed. 481.

7 Cannon v. United States, 116 VOL. II 17

U. S. 55, 29 L. ed. 561, 6 S. C. 278.

§ 975. 135 Stat. L. 1149.

2 United States v. Carll, 105 U. S. 611, 26 L. ed. 1135.

3 Cannon v. United States, 116 U. S. 55, 29 L. ed. 561, 6 S. C. 278; In re Snow, 120 U. S. 274, 30 L. ed. 658, 7 S. C. 566.

§ 976. 135 Stat. L. 1149.
257

both parties to such act shall be deemed guilty of adultery; and when such act is committed between a married man and a woman who is unmarried, the man shall be deemed guilty of adultery.1

Adultery committed by Indians on an Indian Reservation is not punishable under this section.2

§ 978. Criminal Code. Sec. 317. Incest.

Whoever, being related to another person within and not including the fourth degree of consanguinity computed according to the rules of the civil law, shall marry or cohabit with, or have sexual intercourse with such other so related person, knowing her or him to be within said degree of relationship, shall be deemed guilty of incest, and shall be imprisoned not more than fifteen years.1

The Alaska Code governs the crime of fornication committed in Alaska,2 and this section also has no application to the crime when committed by Indians on an Indian Reservation.3

$979. Criminal Code. Sec. 318. Fornication.

If any unmarried man or woman commits fornication, each shall be fined not more than one hundred dollars, or imprisoned not more than six months.1

This section refers to offenses in the territories and does not embrace offenses within the admiralty and maritime jurisdiction of the United States.2

§ 980. Criminal Code. Sec. 319. Certificates of Marriage; Penalty for Failure to Record.

Every ceremony of marriage, or in the nature of a marriage ceremony of any kind, whether either or both or more of the parties to such ceremony be lawfully competent to be the subjects of such marriage or ceremony or not,

§ 977. 135 Stat. L. 1149.

2 United States v. Quiver, 241 U. S. 602, 60 L. ed. 1196, 36 S. C. 699.

§ 978. 135 Stat. L. 1149.

2 United States v. Worcester, 4 Alaska, 239.

3 Ex parte Hart, 157 Fed. 130. § 979. 135 Stat. L. 1149.

2 Ex parte Isojoki, 222 Fed. 151.

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