Page:United States Statutes at Large Volume 76A.djvu/584

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–488–

-488§ 2188. Jumping on or off train; riding on roof, platform, appliances or projections Whoever, other than a member of a train crew, or a transportation official or employee engaged in the performance of his duties: (1) jumps on or off a railroad locomotive, car, or train while it is in motion; or (2) rides on the roof of a car of a railroad train, or on the platform, coupling, or any other appliance or projection on the outside of the car— shall, for each offense, be fined not more than $100 or imprisoned in jail not more than 30 days, or both. § 2189. Overcharges by agents of common carriers Whoever, being an officer, agent or employee of a railroad company or other common carrier, asks or receives a greater sum than is allowed by law for the carriage of passengers or freight, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both. CHAPTER 107—RAPE Sec.

2221. 2222. 2223. 2224.

Kape defined. Proof of physical ability where defendant under fourteen. Gist of offense; penetration sufficient. Punishment for rape.

§ 2221. Rape defined Rape is an act of sexual intercourse accomplished with a female not the wife of the perpetrator, where the female: (1) is under the age of 16 years; (2) is incapable, through unsoundness of mind, whether temporary or permanent, of giving legal consent; (3) is prevented from resisting by threats of great and immediate bodily harm, accompanied by apparent power of execution, or by any intoxicating, narcotic or anaesthetic substance, administered by or with the privity of the accused; ^4) resists, but her resistance is overcome by force or violence; (5) is at the time unconscious of the nature of the act, and this is known to the accused; or (6) submits under the belief that the person committing the act is her husband, and this belief is induced by any artifice, pretense or concealment practiced by the accused, with intent to induce the belief. § 2222. Proof of physical ability where defendant under fourteen Conviction for rape may not be had against one who was under the age of 14 years at the time of the act allegedj unless his physical ability to accomplish penetration is proved as an independent fact and beyond a reasonable doubt. § 2223. Gist of offense; penetration sufficient The essential guilt of rape consists in the outrage to the person and feelings of the female. Any sexual penetration, however slight, is sufficient to complete the crime. § 2224. Punishment for rape (a) Except as provided by subsections (b) and (c) of this section, rape is punishable by imprisonment in the penitentiary for any term of years or for life. (b) If the offense is under paragraph (1) of section 2221 of this title, it is punishable either by imprisonment in jail for not more than one year or by imprisonment in the penitentiary for any term of years or for life.