Page:1887 Compiled Laws of Dakota Territory.pdf/1109

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Violating Sepulture.
PENAL CODE.
§§ 6544-6549

2. To any person by reason of any former marriage whose husband or wife by such marriage has absented himself or herself from his wife or her husband and has been continually remaining without the United States for the space of five years together; nor,

3. To any person by reason of any former marriage which has been pronounced void, annulled or dissolved by the judgment of a competent court, unless such marriage was dissolved upon the ground of adultery committed by such person; nor,

4. To any person by reason of any former marriage with a husband or wife who has been sentenced to imprisonment for life.

Punishment of bigamy.
s. 343, Pen. C.

§ 6544. Every person guilty of bigamy is punishable by imprisonment in the territorial prison not exceeding five years.

What marriages are unlawful.
s. 344, Pen. C.

§ 6545. Every person who knowingly marries the husband or wife of another, in any case in which such husband or wife would be punishable according to the foregoing provisions, is punishable by imprisonment in the territorial prison not exceeding five years, or in a county jail not exceeding one year, or by a fine not exceeding five hundred dollars, or by both such fine and imprisonment.

Incest defined.
s. 345, Pen. C.

§ 6646. Persons who, being within the degrees of consanguinity within which marriages are, by the laws of the territory, declared incestuous and void, intermarry with each other, or commit adultery or fornication with each other, are punishable by imprisonment in the territorial prison notexceeding ten years.

Sections 4 and 5 of an act of congress which became a law March 3, 1887, read as follows:

[SEC. 4. That if any person 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, the person so offending shall be deemed guilty of incest, and on conviction thereof, shall be punished by imprisonment in the penitentiary not less than three years and not more than fifteen years.

Sec. 5. That if an unmarried man or woman commit fornication, each of them shall be punished by imprisonment not exceeding six months, or by fine not exceeding one hundred dollars.]

Crime against nature.
s. 346, Pen. C.

§ 6547. Every person who is guilty of the detestable and abominable crime against nature, committed with mankind or with a beast, is punishable by imprisonment in the territorial prison not exceeding ten years.

What constitutes crime against nature.
s. 347, Pen. C.

§ 6548. Any sexual penetration, however slight, is sufficient to complete the crime against nature.

CHAPTER 32.

VIOLATING SEPULTURE AND THE REMAINS OF THE DEAD.

Section

6549. Disposal of one's own body.

6550. Duty of burial.

8551. Burial in other states.

6552. Dissection allowed, when.

6553. Unlawful dissection is a misdemeanor.

6554. Remains after dissection.

6555. Dead limb or member of body

6556. Duty of burial devolves upon whom.

6557. Neglect of burial.

6558. Custody of body.

Section

6559. Unlawful removal of the dead.

6560. Purchasing dead body.

6561. Unlawful interference with places of burial.

6562. Removal to another burial place.

6563. Arresting or attaching dead body.

6564. Disturbing funerais.

8565. Injury to cemetery or tomb.

6566. Violation of provisions of this chapter.

Disposal of one's own body.
s. 348, Pen. C.

§ 6549. Every person has the right to direct the manner in which his body shall be disposed of after his death, and to direct the manner in which any part of his body which becomes separated therefrom during his life time shall be disposed of. The provisions of this chapter do not apply, where such person has given directions for the disposal of his body or any part thereof inconsistent with these provisions.

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