[719] _Laws of S. D._ (1893), c. 138; _Ann. Stat._ (1901), II, 1916, 1917: rape in second degree; penalty, not less than five years in the state prison.

[720] _Pub. Acts of Mich._ (1895), 170: penalty, imprisonment for life or any term of years.

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[721] _Codes and Stat. of Mont._ (1895), 1062, 1063: penalty, imprisonment for life or not less than five years.

A History of Matrimonial Institutions, Volume 3 (of 3) — Part 159

[722] From 1864 to 1895 the age was fourteen: HILL'S _Codes_ (1892), I, 897; _Laws of Ore._ (1895), 67: penalty, three to twenty years in prison.

A History of Matrimonial Institutions, Volume 3 (of 3) — Part 159

[723] Ohio raised the age from ten to fourteen in 1887, and advanced it to sixteen by the act of March 3, 1896: _Acts_ (1875), 93 (age made ten years); _ibid._ (1887), 65; _ibid._ (1896), 54: BATES'S _Ann. Stat._ (1897), II, 3144, 3145: rape if the boy is over eighteen; penalty, three to twenty years in prison; lowered by _Acts_ (1902), 344, to one to twenty years, "or 6 months in the county jail or workhouse at the discretion of the court, which is hereby authorized to hear testimony in mitigation or aggravation of sentence." _Cf._ BATES, _Ann. Rev. Stat._ (1903), III, 3307-8.

[724] Compare _Stat. and Amend. to Codes_ (1889), 223, and _ibid._ (1897), 201: penalty, not less than five years in prison.

[726] _Pub. Laws of Pa._ (1887), 128; PEPPER AND LEWIS, _Digest_ (1896), I, 1318, 1319: penalty, when the woman child is between ten and sixteen, fine not exceeding $1,000 and imprisonment not exceeding fifteen years, if she "was of good repute;" below ten, without this condition. Thus there is no sure protection beyond ten. No conviction when boy is under sixteen.

[727] _Laws of N. J._ (1887), 230; _Gen. Stat._ (1896), I, 1096: penalty, not exceeding $1,000, or imprisonment at hard labor not more than fifteen years, or both. There is also an abduction law to protect a female under fifteen: _Gen. Stat._ (1896), I, 1064. The age is ten in _Rev. Stat._ (1874), 148.

[728] Raised from thirteen; _Acts of Ia._ (1896), 71; _Ann. Code_ (1897), 1888: penalty, imprisonment for life or any term of years.

[729] _Laws of Ill._ (1887), 171; HURD'S _Rev. Stat._ (1901), 634: penalty, when male is above sixteen, imprisonment for life or not less than one year.

[730] Raised from twelve: _Stat. of Nev._ (1889), 74; _Comp. Laws_ (1900), 914, 915: rape when the boy is fifteen or more; penalty, imprisonment for life or not less than five years.