by one who was also entitled to or interested or who stood in such relation to the former as to afford a reasonable ground for supposing his motive innocent, is not presumed to be malicious, and is called a privileged communication.
§ 7154. Threatening to publish libel. Every person who threatens another with the publication of a libel, concerning the latter or concerning any parent, husband, wife, child or other member of the family of the latter, and a person who offers to prevent the publication of libel upon another person upon the condition of the payment of, or with intent to extort money or other valuable consideration from any person, is guilty of a misdemeanor,
§ 7155. Furnishing libelous information. Every person who willfully states, delivers or transmits by any means whatever to any manager, editor, publisher, reporter or other employee of a publisher of any newspaper, magazine, publication, periodical or serial, any statement concerning any person or corporation, which if published therein would be a libel, is guilty of a misdemeanor.
CHAPTER 27.
RAPE, ABDUCTION, CARNAL ABUSE OF CHILDREN AND SEDUCTION.
§ 7156. Rape defined. Rape is an act of sexual intercourse. accomplished with a female not the wife of the perpetrator, under either of the following circumstances:
1. When the female is under the age of sixteen years.
2. When she is incapable, through lunacy or any other unsoundness of mind, whether temporary or permanent, of giving legal consent.
3. When she resists, but her resistence is overcome by force or violence.
4. When she is prevented from resisting, by threats of immediate and great bodily harm, accompanied by apparent power of execution.
5. When she is prevented from resisting by any intoxicating, narcotic or anesthetic agent, administered by or with the privity of the accused.
6. When she is at the time unconscious of the nature of the act, and this is known to the accused.
7. When she submits under a belief that the person committing the act is her husband, and this belief is induced by artifice, pretense or concealment practiced by the accused, with intent to induce such belief.
§ 7157. Accused under fourteen. No conviction for rape can be had against one who was under the age of fourteen years at the time of the act alleged, unless his physical ability to accomplish penetration is proved as an independent fact and beyond a reasonable doubt.
