CHAPTER V. BIGAMY, INCEST, AND THE CRIME AGAINST NATURE. § 281. BIGAMY DEFINED. Every person having a husband or wife living, who marries any other person, except in the cases specified in the next section, is guilty of bigamy. Enacted February 14, 1872, founded on § 121 Criminal Practice Act, Stats. 1850, p. 244. As to marriage being a civil contract, but requiring to be followed by solemnization to be binding, see Kerr's Small C. C., 55. § 282. EXCEPTIONS. The last section does not extend 1. To any person by reason of any former marriage, whose husband or wife by such marriage has been absent for five successive years without being known to such person within that time to be living; nor, 2. To any person by reason of any former marriage which has been pronounced void, [or] annulled, or dissolved by the judgment of a competent court. Enacted February 14, 1872. § 283. PUNISHMENT OF BIGAMY. Bigamy is punishable by a fine not exceeding five thousand dollars and by imprisonment in the state prison not exceeding ten years. Enacted February 14, 1872, founded on § 121 Criminal Practice Act, Stats. 1850, p. 244; amendment approved March 18, 1905, Stats. and Amdts. 1905, p. 245. § 284. MARRYING A HUSBAND OR WIFE OF ANOTHER, PUNISHMENT. Every person who knowingly and wilfully marries the husband or wife of another, in any case in which such husband or wife would be punishable under the provisions of this chapter, is punishable by fine not less than five thousand dollars, or by imprisonment in the state prison not exceeding ten years. Enacted February 14, 1872, founded on § 122 Criminal Practice Act (Stats. 1850, p. 244), as amended by Act May 11, 1861, Stats. 1861, p. 415; amendment approved March 18, 1905, Stats. and Amdts. 1905, p. 245. § 285. INCEST. Persons being within the degrees of consanguinity 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 and not more than fifty years. Enacted February 14, 1872, founded on § 123 Criminal Practice Act, Stats. 1850, p. 244. Amendment approved May 13, 1921, Stats. and Amdts. 1921, p. 96. § 286. CRIME AGAINST NATURE. 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 nor more than ten years. Enacted February 14, 1872, founded on § 48 Criminal Practice Act, Stats. 1850, p. 234. As to assault to commit crime against nature, see ante § 220. § 287. PENETRATION SUFFICIENT TO COMPLETE THE CRIME. Any sexual penetration, however slight, is sufficient to complete the crime against nature. Enacted February 14, 1872, founded on § 374 Criminal Practice Act, as amended May 1, 1851, Stats. 1851, p. 252. § 288. LEWD AND LASCIVIOUS CONDUCT WITH CHILD. FELONY. Any person who shall wilfully 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 not less than one year. Enactment approved March 23, 1901, Stats. and Amdts. 1900-1. § 288a. SEX PERVERSIONS: Any person participating in the act of coupling the mouth of one person with the sexual organ of another, is punishable by imprisonment in the state prison for not exceeding fifteen years. Enactment approved of original section (Fellatio and cunnilingus felonies) June 1, 1915, Stats. and Amdts. 1915, p. 1022; enactment of present section approved June 3, 1921, Stats. and Amdts. 1921, p. 1633. In effect August 2, 1921. Note: Original section held to be unconstitutional because not in the English language, see In re Lockett, 179 Cal. 581, 178 Pac. 134. § 290. UNLAWFUL MUTILATION OR REMOVAL OF DEAD BODIES. NOT TO APPLY TO CERTAIN PERSONS. 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 or friend for reinterment. Enacted February 14, 1872, founded on § 1 Act February 16, 1854, Stats. 1854, p. 20. . As to disinterment of dead bodies to be made on permit only, see Kerr's Small Pol. Code, § 3027; Act to Protect Public Health, etc., Stats. 1877-8, p. 1050, as amended March 13, 1889, Stats. and Amdts. 1889, p. 139, and April 5, 1917, Stats. and Amdts. 1917, p. 36. § 291. UNLAWFUL REMOVAL OF DEAD BODY FROM GRAVE FOR DISSECTION, ETC. 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. Enacted February 14, 1872. § 292. WHO ARE CHARGED WITH THE DUTY OF BURIAL. The duty of burying the body of a deceased person devolves upon the persons hereinafter specified: 1. If the deceased was a married woman, the duty of 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 [,] nor kindred answering the foregoing description, the duty of burial devolves upon the coroner conducting an inquest upon the body of the deceased, if any such inquest is held; if there is none [held], 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. Enacted February 14, 1872, copied from the New York Penal Code, § 352. § 293. PUNISHMENT FOR OMITTING TO BURY. 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 expenses incurred by the latter in making the burial, to be recovered in a civil action. Enacted February 14, 1872, copied from the New York Penal Code, § 353. § 294. WHO ARE ENTITLED TO CUSTODY OF A BODY. 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. Enacted February 14, 1872, copied from the New York Penal Code, § 354. § 295. ARRESTING OR ATTACHING A DEAD BODY. 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. Enacted February 14, 1872, copied from the New York Penal Code, § 359. § 296. DEFACING TOMBS AND MONUMENTS. Every person who wilfully and maliciously defaces, breaks, destroys, or removes any tomb, monument, or gravestone, erected to any deceased person, or any memento 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 cemetery or graveyard, is guilty of a misdemeanor. Enacted February 14, 1872, founded upon § 2 Act February 16, 1854, Stats. 1854, p. 20, and § 1 Act February 1, 1868, Stats. 1868, p. 26. § 297. INTERRING REMAINS IN CITY, ETC., LIMITS. 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. Enacted March 30, 1874, Code Amdts. 1873-4, p. 458. CHAPTER VII. OF CRIMES AGAINST RELIGION AND CONSCIENCE, AND OTHER OFFENSES AGAINST GOOD MORALS. § 299. BARBAROUS AND NOISY AMUSEMENTS, AND THEATERS WHERE LIQUORS ARE SOLD, PROHIBITED ON SUNDAY. [Repealed.] Enacted February 14, 1872; repeal approved February 8, 1883, Stats. and Amdts. 1883, p. 1. § 300. KEEPING OPEN PLACES OF BUSINESS ON SUNDAY. [Repealed.] Enacted February 14, 1872; repeal approved February 8, 1883, Stats. and Amdts. 1883, p. 1. § 301. LIMITATION ON OPERATION OF PRECEDING SECTION. [Repealed.] History: Enacted February 14, 1872; amended April 15, 1880, Code Amdts. 1880 (Pen. C. pt.), p. 38; repealed February 8, 1883, Stats. and Amdts. 1883, p. 1. § 302. DISTURBING RELIGIOUS MEETINGS. Every person who wilfully 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. Enacted February 14, 1872, founded on § 171 Criminal Practice Act, as amended May 1, 1851, Stats. 1851, p. 231; amendment by Code Commission, Act March 16, 1901, Stats. and Amdts. 1900-1, p. 451, act held unconstitutional, see history, § 5 ante; amendment re-enacted March 21, 1905, Stats. and Amdts. 1905, p. 657. § 303. SALE of liquors AT THEATERS AND EMPLOYING WOMEN TO SELL LIQUORS THEREAT. [Repealed.] Enacted February 14, 1872; repeal by Code Commission, Act March 16, 1901, Stats. and Amdts. 1900-1, p. 452; act held unconstitutional, see history, § 5 ante; re-repealed March 21, 1905, Stats. and Amdts. 1905, p. 657. § 304. SELLING LIQUORS AT CAMP-MEETING. Every person who erects or keeps a booth, tent, 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. [or] spirituous, or intoxicating liquors form a part, or for selling or otherwise disposing |