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285. Persons being within the degrees of consanquinity within which marriages are declared by law to be incestuous and void, who intermarry with each other, or who commit fornication or adultery with each other, are punishable by imprisonment in the state prison not less than one year nor more than fifty years,

1921–96.

286. Every person who is guilty of the infamous crime against nature, committed with mankind or with any animal, is punishable by imprisonment in the state prison not less than one year nor more than ten years. 1921–87.

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

288. Any person who shall willfully and lewdly commit any lewd or lascivious act other than the acts constituting other crimes provided for in part two of this code upon or with the body, or any part or member thereof, of a child under the age of fourteen years, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of such person or of such child, shall be guilty of a felony and shall be imprisoned in the state prison for not less than one year. 1901-630.

288a. Any person participating in the act of copulating the mouth of one person with the sexual organ of another is punishable by imprisonment in the state prison for not exceeding fifteen years. 1921-1633.

CHAPTER VI,

Violating Sepulture and the Remains of the Dead.

290. Dead bodies, removal, 294. Who entitled to custody etc. Exceptions.

of body. 291. Same, dissection, etc. 295. Arresting, attaching 292. Who charged with duty

body. of burial.

296. Defacing tombs and 293. Burying, penalty failure.

monuments.

297. Burying in ity, etc. 290. Every person who mutilates, disinters, or removes from the place of sepulture the dead body of a human being without authority of law, is guilty of felony. But the provisions of this section do not apply to any person who removes the dead body of a relative of friend for reinterment.

291. Every person who removes any part of the dead body of a human being from any grave or other place where the same has been buried, or from any place where the same is deposited while awaiting burial, with intent to sell the same or to dissect it, without authority of law, or from malice or wantonness, is punishable by imprisonment in the state prison not exceeding five years.

292. The duty of burying the body of a deceased person devolves opon the persons hereinafter specified:

1. If the deceased was a married woman, the duty of the burial devolves upon her husband;

2. If the deceased was not a married woman, but left any kindred, the duty of burial devolves upon the person or persons in the same degree nearest of kin to the deceased, being of adult age, and within this state, and possessed of sufficient means to defray the necessary expenses;

3. If the deceased left no husband or kindred answering the foregoing description, the duty of burial devolves upon the coroner conducting an inquest upon the body of the dec ed, if any such inquest is held; if there is none, then upon the persons charged with the support of the poor in the locality in which the death occurs;

4. In case the person upon whom the duty of burial is cast by the foregoing provisions omits to make such burial within a reasonable time, the duty devolves upon the person next specified; and if all omit to act, it devolves upon the tenant; or if there is no tenant, upon the owner of the premises or master; or if there is no master, upon the owner of the vessel in which the death occurs or the body is found.

293. Every person upon whom the duty of making burial of the remains of a deceased person is imposed by law, who omits to perform that duty within a reasonable time, is guilty of a misdemeanor; and, in addition to the punishment prescribed therefor, is liable to pay to the person performing the duty in his stead treble the expense incurred by the latter in making the burial, to be recovered in a civil action.

294. The person charged by law with the duty of burying the body of a deceased person is entitled to the custody of such body for the purpose of burying it; except that in the case in which an inquest is required by law to be held upon a dead body by a coroner, such coroner is entitled to its custody until such inquest has been completed.

295. Every person who arrests or attaches any dead body of a human being, upon any debt or demand whatever, or detains or claims to detain it for any debt or demand, or upon any pretended lien or charge, is guilty of a misdemeanor.

296. Every person who willfully and maliciously defaces, breaks, destroys, or removes any tomb, monument, or gravestone, erected to any deceased person, or any momento or memorial, or any ornamental plant, tree, or shrub, appertaining to the place of burial of a human being, or who shall mark, deface, injure, destroy, or remove any fence, post, rail, or wall of any cemetary or graveyard, is guilty or a misdemeanor.

297. Every person who shall bury or inter, or cause to be buried or interred, the dead body of any human being, or any human remains, in any place within the corporate limits of any city or town in this state, or within the corporate limits of the city and county of San Francisco, except in a cemetery, or place of burial now existing under the laws of this state, and in which interments have been made, or that is now or may hereafter be established or organized by the board of supervisors of the county or city and county, in which such city or town, or city and county is situate, shall be guilty of a misdemeanor. 1874–458.

CHAPTER VII.

Crimes Against Religion and Conscience, and Other Offenses

Against Good Morals. 302. Disturbing religious 308b. Supplemental books, purmeetings.

chase prohibited. 304. Selling liquors, camp 309. Minors prohibited immeetings.

moral houses. 305. Limitations, same.

310. American Flag, desecra307. Keeping opium joint.

tion. 308. Selling tobacco, when 310a. Bear Flag, same.

prohibited, copy of act. 302. Every person who willfully disturbs or disquiets any assemblage of people met for religious worship, by profane discourse, rude or indecent behavior, or by any unnecessary noise, either within the place where such meeting is held, or so near it as to disturb the order and solemnity of the meeting, is guilty of a misdemeanor. 1905-657.

304. Every person who erects or keeps a booth, ten, stall, or other contrivance for the purpose of selling or otherwise disposing of any wine, or spirituous, or intoxicating liquors, or any drink of which wines, spiritiuous, or intoxicating liquors form a part, or for selling or otherwise disposing of any article of merchandise, or who peddles, or hawks about any such drink or article, within one mile of any camp or field meeting for religious worship, during the time of holding such meeting, is punishable by fine of not less than five nor more than five hundred dollars.

305. The provisions of the preceding section do not apply to any person carrying on a regular business in the sale of liquors or other articles, which business was established prior to the appointment of the meeting referred to in such section.

307. Every person who opens or maintains, to be resorted to by other persons, any place where opium, or any of its preparations, is sold or given away, to be smoked at such place; and any person who, at such place, sells or gives away any opium, or its said preparations, to be there smoked or otherwise used; and every person who visits or resorts to any such place for the purpose of smoking opium or its said preparations, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a 'fine not exceeding five hundred dollars, or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment. 1881–34.

308. Every person, firm or corporation which sells or gives or in any way furnishes to another person who is in fact under the age of eighteen years any tobacco, cigarette or cigarette papers, or any other preparation of tobacco is guilty of a misdemeanor, and upon conviction thereof shall be punished for the first offense by a fine of not less than twenty-five dollars nor more than one hundred dollars, or by imprisonment for not more than sixty days; and for the second offense by a fine of not less than fifty dollars nor more than two hundred dollars, or by imprisonment for not more than ninety days; and for each subsequent offense by a fine of not less than one hundred dollars and not more than three hundred dollars, or by imprisonment for not less than ninety days nor more than six months, or by both such fine and imprisonment.

Every person, firm or corporation which sells, or deals in tobacco or any preparation thereof, shall, within ninety days after this act becomes effective, post conspiciously and keep so posted in his or their place of business, a copy of this act, and any such person failing to do so shall upon conviction be punished by a fine of five dollars for the first offense and twenty five dollars for each succeeding violation of this provision, or by imprisonment for not more than thirty days.

The secretary of state is hereby authorized to have printed sufficient copies of this act to enable him to furnish dealers in tobacco with copies thereof upon their request for the same,

1911-481. 308b. Any principal, teacher, employee or school officer of any elementry or secondary school who refuses to use the text-books prescribed by the proper authority for use in the elementary or secondary schools under his charge, who causes any pupil to purchase any supplementary book or books for said pupil's use in the schools, or who refuses or willfully neglects to make such reports as are required by law, is guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not more than one hundred dollars. 1909–403.

309. Any proprietor, keeper, manager, conductor, or person having the control of any house of prostitution, or any house or room resorted to for the purpose of prostitution, who shall admit or keep any minor of either sex therein; or any parent or guardian of any such minor, who shall admit or keep such minor, or sanction, or connive at the admission or keeping thereof, into, or in any such house, or room, shall be guilty of a misdemeanor.

1880–36. 310. Any person, firm or corporation, who, in any manner, for exhibition or display, puts, places, or causes to be placed, an inscription, picture, device, design, symbol, name, advertisement, word, letter, character, mark or notice of any kind whatsoever, upon any flag of the United States, or ensign evidently purporting to be such flag, or who in any manner appends, annexes or affixes to any such flag any inscription, picture, device, symbol, name, advertisement, word, letter, character, mark or notice whatsoever, or who displays or exhibits, or causes to be displayed or exhibited, any flag of the United States or ensign purporting to. be such flag, upon which is put, attached, annexed, affixed or placed in any manner, any inscription, picture, design, device, symbol, name, advertisement, word, letter, mark or notice whatsoever, or who mutilates, tramples upon, or otherwise defaces or defiles any such flag, said flag being public or private property, or who places or causes to be placed on any manufactured or prepared article or covering of said article, such flag or indication of such flag, or who uses or causes to be used for the purpose of a commercial or other trade mark, such flag or indications of such flag, shall be fined not more than two hundred dollars or imprisoned not more than one year, or both, for each and every offense, in the county jail of the county in which the trial is held; provided, however, that flags, or ensigns, the property of and used in the service of the United States, or any state, territory

or District of Columbia, may have inscriptions, names of actions, battles, skirmishes, or words, marks or symbols, which are placed thereon pursuant to law or authorized regulations. 1917–43.

310a. Any person, firm or corporation who in any manner, for exhibition or display, puts, places or causes to be placed, an inscription, picture, device, design, symbol, name, advertisement, word, letter, character, mark or notice of any kind whatsoever upon any flag of the State of California, as designated and described in “An act to select and adopt the Bear Flag as the state flag of California," approved February 3, 1911, or ensign evidently purporting to be such flag or any design thereof, or who in any manner appends, annexes or affixes to any such flag or any design thereof any in

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