Page:1862-63 Territory of Dakota Session Laws.pdf/54

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CRIMINAL CODE.
45

ber being armed with a dangerous weapon, with intent, if resisted, to kill or maim the person robbed, or if being so armed, he shall wound or strike the person robbed, he shall be punished by imprisonment in the territorial prison not more than ten years, nor less than three years.

Assault with intent to rob, &c., being armed. Sec. 34. If any person, being armed with a dangerous weapon, shall assault another with intent to rob or to murder, he shall be punished by imprisonment in the territorial prison not more than five years, nor less than one year.

Robbing not being armed. Sec. 35. If any person shall by force and violence, or by assault and putting in fear, feloniously rob, steal, and take from the person of another, any money or other property which may be the subject of larceny, such robber not being armed with a dangerous weapon, he shall be punished by imprisonment in the territorial prison, not more than three years, nor less than one year.

Assault to rob, not being armed. Sec. 36. If any person, not being armed with a dangerous weapon, shall assault another with force and violence, and with intent to rob or steal, he shall be punished by imprisonment in the territorial prison, not more than two years, nor less than six months.

Attempt to extort money by threats, &c. Sec. 37. If any person, either verbally or by any written or printed communication, shall maliciously threaten any injury to the person or property of another, with intent thereby to extort money, or any pecuniary advantage whatever, or with intent to compel the person so threatened to do any act against his will, he shall be punished by imprisonment not more than one year, nor less than six months, or by fine not exceeding five hundred dollars, nor less than one hundred dollars.

Rape. Sec. 38. If any person shall ravish, and carnally know any female, of the age of ten years or more, by force and against her will, he shall be punished by imprisonment in the territorial prison, not inore than thirty years, nor less than ten years; but if the female on trial shall be proven to have been at the time of the offense, a common prostitute, he may be imprisoned not more than one year.

Rape and abuse of a child. Sec. 39. If any person shall unlawfully and carnally know and abuse any female child under the age of ten years, he shall be imprisoned in the territorial prison for life.