§ 271. DESERTING CHILD. Every parent of any child under the age of fourteen years, and every person to whom any such child has been confided for nurture, or education, who deserts such child in any place whatever[,] with intent wholly to abandon it, is punishable by imprisonment in the state prison, or in the county jail not exceeding one year or by fine not exceeding five hundred dollars, or by both.

Enacted February 14, 1872; amendment approved March 11, 1909, Stats. and Amdts. 1909, p. 297.

§ 271a. PENALTY FOR ABANDONMENT. FALSE REPRESENTATION. Every person who [1] knowingly and wilfully abandons, or who [2] having ability so to do, fails or refuses to maintain his or her minor child under the age of fourteen years, or who [3] falsely, knowing the same to be false, represents to any manager, officer or agent of any orphan asylum or charitable institution for the care of orphans, that any child for whose admission into such asylum or institution application has been made is an orphan, is punishable by imprisonment in the state prison, or in the county jail not exceeding one year, or by fine not exceeding five hundred dollars, or by both.

Enactment by Code Commission, Act March 16, 1901, Stats. and Amdts. 1900-1, p. 449, act held unconstitutional, see history, § 171a, ante; re-enacted March 22, 1905, Stats. and Amdts. 1905, p. 758; amendment approved March 11, 1909, Stats. and Amdts. 1909, p. 297.

§ 272. PERSON SELLING, APPRENTICING, ETC., CHILDREN. Any person, whether as parent, relative, guardian, employer, or otherwise, having the care, custody, or control of any child under the age of sixteen years, who [1] exhibits, uses, or employs, or in any manner, or under any pretense, sells, apprentices, gives away, lets out, or disposes of any such child to any person, under any name, title, or pretense, for or in any business, exhibition, or vocation, injurious to the health or dangerous to the life or limb of such child, or [2] in or for the vocation, occupation, service, or purpose of singing, playing on musical instruments, rope or wire walking, dancing, begging, or peddling, or as a gymnast, acrobat, contortionist, or rider, in any place whatsoever, or [3] for or in any obscene, indecent or immoral purposes, exhibition, or practice whatsoever, or [4] for or in any mendicant or wandering business whatsoever, or [5] who causes, procures, or encourages such child to engage therein, is guilty of a misdemeanor, and punishable by a fine of not less than fifty nor more than two hundred and fifty dollars, or by imprisonment in the county jail for a term not exceeding six months, or by both such fine and imprisonment.

[Exception as to churches, schools, etc.] Nothing in this section contained applies to or affects the employment or use of any such child, as a singer or musician in any church, school, or academy, or the teaching or learning of the science or practice of music; or the employment of any child as a musician at any concert or other musical entertainment, on the written consent of the mayor of the city or president of the board of trustees of the city or town where such concert or entertainment takes place.

Enactment approved March 3, 1876, Code Amdts. 1875-6, p. 110; amendment by Code Commission, Act March 16, 1901, Stats. and Amdts. 1900-1, p. 449, act held unconstituional, see history, § 5 ante; amendment re-enacted March 22, 1905, Stats. and Amdts. 1905, p. 759.

§ 273. PERSON RECEIVING, HIRING, ETC., CHILDREN. Every person who takes, receives, hires, employs, uses, exhibits, or has in custody, any child under the age, and for any of the purposes mentioned in the preceding section, is guilty of a like offense, and punishable by a like punishment as therein provided.

Enactment by Code Commission, Act March 16, 1901, Stats. and Amdts. 1900-1, p. 450, act held unconstitutional, see history, § 171a, ante; re-enacted March 22, 1905, Stats. and Amdts. 1905, p. 759.

Note: March 7, 1905 (Stats, and Amdts. 1905, p. 74), an act was passed adding a new section to this code and numbering it § 273; this latter section was repealed and reenacted by the legislature of 1907, see post § 273f.

§ 273a. UNJUSTIFIABLE PUNISHMENT CAUSING CHILD TO SUFFER. Any person who wilfully causes or permits any child to suffer, or who inflicts thereon unjustifiable physical pain or mental suffering, and whoever, having the care or custody of any child, causes or permits the life or limb of such child to be endangered, or the health of such child to be injured, and any person who wilfully causes or permits such child to be placed in such situation that its life or limb may be endangered, or its health likely to be injured, is guilty of a misdemeanor.

Enactment by Code Commission, Act March 16, 1901, Stats. and Amdts. 1900-1, p. 450, act held unconstitutional, see history, § 5 ante; re-enacted March 22, 1905, Stats. and Amdts. 1905, p. 759.

§ 273b. CHILD NOT TO BE CONFINED. No child under the age of sixteen years must [shall] be placed in any prison, or place of confinement, or in any courtroom, or in any vehicle for transportation to any place, in company with adults charged with or convicted of crime, except in the presence of a proper official.

Enactment by Code Commission, Act March 16, 1901, Stats. and Amdts. 1900-1, p. 450, act held unconstitutional, see history, § 5 ante; re-enacted March 22, 1905, Stats. and Amdts. 1905, p. 760.

§ 273c. FINES, HOW APPROPRIATED. All fines, penalties, and forfeitures imposed and collected under the provisions of the five preceding sections, or under the provisions of any law relating to, or affecting, children, in every case where the prosecution is instituted or conducted by a society incorporated under the laws of this state for the prevention of cruelty to children, inure to such society in aid of the purposes for which it is incorporated.

Enactment by Code Commission, Act March 16, 1901, Stats. and Amdts. 1900-1, p. 450, act held unconstitutional, see history, § 5 ante; re-enacted March 22, 1905, Stats. and Amdts. 1905, p. 760.

§ 273d. COURT MAY COMMIT CHILD TO CHARITABLE INSTITUTION. When, upon examination before a court or magistrate, it appears that any child under the age of sixteen year has been found [1] begging, whether actually begging or under the pretext of selling anything, or [2] wandering and not having any settled place of abode, or proper guardianship, or visible means of subsistence; or [3] destitute, or [4] frequenting the company of reputed thieves, or prostitutes [,] or houses of prostitution or assignation, dance houses, concert saloons, theaters, or places where spirituous liquors are sold; or [5] engaged in any business, exhibition, or vocation mentioned in section two hundred and seventy-two; or [6] in the custody of any person convicted of a criminal assault upon it; the court or magistrate may, when it deems it expedient for the welfare of such child, commit it to an orphan asylum, society for the prevention of cruelty to children, or other charitable institution, or make such other disposition thereof as now is or may hereafter be provided by law in cases of vagrant, truant, disorderly, pauper, or destitute children.

Enactment by Code Commission, Act March 16, 1901, Stats. and Amdts. 1900-1, p. 450, act held unconstitutional, see history, § 5 ante; re-enacted March 22, 1905, Stats. and Amdts. 1905, p. 760.

§ 273e. MINOR NOT TO DELIVER MESSAGES, ETC., TO CERTAIN PLACES. Every telephone, special delivery company or association, and every other corporation or person engaged in the delivery of packages, letters, notes, messages, or other matter, and every manager, superintendent, or other agent of such person, corporation, or association, who sends any minor in the employ or under the control of any such person, corporation, association, or agent, to the keeper of any house of prostitution, variety theater, or other place of questionable repute, or to any person connected with, or

any inmate of such house, theater, or other place, or who permits such minor to enter such house, theater, or other place, is guilty of a misdemeanor.

Enactment by Code Commission, Act March 16, 1901, Stats. and Amdts. 1900-1, p. 450, act held unconstitutional, see history, § 5 ante; re-enacted March 22, 1905, Stats. and Amdts. 1905, p. 760.

§ 273f. SENDING CHILDREN TO IMMORAL PLACES. Any person, whether as parent, guardian, employer, or otherwise, and any firm or corporation, who[,] as employer or otherwise, shall send, direct, or cause to be sent or directed [,] to any saloon, gambling house, house of prostitution, or other immoral place, any minor under the age of eighteen [years], is guilty of a misdemeanor.

Enactment approved March 7, 1905 (Stats. and Amdts. 1905, p. 74), as an addition to this code and numbered § 273; repealed March 18, 1907 (Stats. and Amdts. 1907), and reenacted as § 273f, Stats. and Amdts. 1907, p. 566, Kerr's Stats. and Amdts. 1906-7, p. 524.

§ 273g. IMMORAL PRACTICES IN PRESENCE OF CHILDREN. Any person who in the presence of any child indulges in any degrading, lewd, immoral or vicious habits or practices, or who is habitually drunk in the presence of any child in his care, custody or control, is guilty of a misdemeanor.

Enactment approved March 21, 1907, Stats. and Amdts. 1907, p. 756, Kerr's Stats. and Amdts. 1906-7, p. 524.

§ 273h. PERSON CONVICTED MAY BE COMPELLED TO WORK ON ROADS. In all prosecutions under the provisions of either section two hundred and seventy or section two hundred and seventy a, or section two hundred and seventy b, or section two hundred and seventy-one, or section two hundred and seventy-one a of this code where a conviction is had and sentence of imprisonment in the county jail is imposed, the court may direct that the person so convicted shall be compelled to work upon the public roads or highways, or any other public work, in the county where such conviction is had, during the term of such sentence. And it shall be the duty of the board of supervisors of the county where such conviction and sentence are had, and where such work is performed by a person under sentence to the county jail, to allow and order the payment out of any funds available to the wife, or to the guardian, or to the custodian of a child or children, or to an organization, or to an individual appointed by the court as trustee, at the end of each calendar month, for the support of such wife, child or children, a sum not to exceed one and fifty one-hundredths dollars for each day's work of such person.

Enactment approved April 6, 1911, Stats. and Amdts. 1911, p. 688.

CHAPTER III.

ABORTIONS.

§ 274. Administering drugs, etc., with intent § 275. Submitting to an attempt to produce to produce miscarriage. miscarriage.

§ 274. ADMINISTERING DRUGS, ETC., WITH INTENT TO PRODUCE MISCARRIAGE. Every person who provides, supplies, or administers to any pregnant woman, or procures any such woman to take any medicine, drug, or substance, or uses or employs any instrument or other means whatever, with intent thereby to procure the miscarriage of such woman, unless the same is necessary to preserve her life, is punishable by imprisonment in the state prison not less than two nor more than five years.

Enacted February 14, 1872, founded on § 1 Act May 20, 1861, Stats. 1861, p. 588.

§ 275. SUBMITTING TO AN ATTEMPT TO PRODUCE MISCARRIAGE. Every woman who solicits of any person any medicine, drug, or substance whatever, and takes the same, or who submits to any operation, or to the use of any means whatever, with intent thereby to procure a miscarriage, unless the same is necessary to preserve her life, is punishable by imprisonment in the state prison not less than one nor more than five years.

Enacted February 14, 1872, founded on § 1 Act May 20, 1861, Stats. 1861, p. 588.

§ 278. DEFINITION AND PUNISHMENT OF CHILD-STEALING. Every person who maliciously, forcibly, or fraudulently takes or entices away any minor child with intent to detain and conceal such child from its parent, guardian, or other person having the lawful charge of such child, is punishable by imprisonment in the state prison not exceeding twenty years.

Enacted February 14, 1872, founded on § 2 Act April 19, 1856, Stats. 1856, p. 131; amendment approved March 11, 1901, Stats. and Amdts. 1900-1, p. 269.