or by imprisonment at hard labor not more than twelve nor less than three months, or by both fine and imprisonment within the aforementioned limits, in the discretion of the Court; and every woman who commits adultery shall be punished by a fine not exceeding thirty nor less than ten dollars, or imprisonment at hard labor not more than four nor less than two months, in the discretion of the Court.

$91. Fornication is sexual intercourse between an unmarried man and an unmarried woman. Whoever is guilty of the same shall be punished by a fine not exceeding fifty nor less than fifteen dollars, or by imprisonment at hard labor not more than three months nor less than one month, in the discretion of the Court. But if they shall lawfully marry, with the consent of their parents, then the above penalty shall not be imposed.

$92. adultery.

Illicit cohabitation shall hereafter be punished as

$93. Any man or woman who is guilty of lewd conversation, lascivious conduct, or libidinous solicitations, shall be punished by a fine not less than two nor more than ten dollars, or by imprisonment at hard labor not exceeding ten days.

$94.

Whoever shall be convicted before any District Magistrate of the Republic, of having sexual or carnal intercourse with any female of this Republic, under the age of fourteen years, shall be imprisoned at hard labor for any term, not less than three nor more than eighteen months, in the discretion of

the Court.

$95. Persons within the degrees of consanguinity or affinity, within which marriage is prohibited, who intermarry with each other, or commit an act of sexual intercourse with each guilty of incest, and shall be punished by fine not exceeding five hundred dollars, or by imprisonment at hard labor for not more than ten years.

other, are

$96. Whoever commits sodomy, that is, the crime against nature, either with mankind or any beast, shall be punished by a fine not exceeding one thousand dollars, and by imprisonment at hard labor not more than twenty years.

$97. No woman shall be charged with or convicted of the offense of adultery or fornication because she is found pregnant, or has given birth to a child.

$98. If any persons, after being divorced for any cause whatever, shall cohabit as husband and wife, they shall be liable to all the penalties provided by the laws against adultery.

$99. Whenever, in any case of criminal conversation or seduction, an action at law for the recovery of damages shall be instituted by any party entitled to maintain such action, then, and in that case, the woman who may have been the subject of such criminal conversation or seduction, shall not be liable to be prosecuted criminally for adultery or fornication, under the provisions of this chapter.

$100. Any person who shall in any manner solicit, or be privy to, or aid or abet in the soliciting of another to unlawful sexual intercourse; or to attend at any place where immoral dances, plays, or any indecent entertainment is being given; or to go to or attend at any place where a prostitute resides or carries on her business, or where prostitutes are generally known to congregate and assemble; or shall exhibit any writing, sign, character or in any other manner indicate and advertise the business or calling of a prostitute; or do any other thing tending to allure and tempt another to go to or attend at any of the places indicated in Sections 100 and 101; or shall lead, conduct or drive any person to such place, or act as guide or conductor for that purpose, or for any of the purposes herein specified; or shall procure any prostitute for any person, whether such prostitute shall be actually taken to or conducted to such person or not;

shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined not more than five hundred dollars, or be imprisoned at hard labor not over one year, and, if such person be a licensed driver, such license shall also be forfeited, and he shall not thereafter be licensed to drive for two years.

$101. In cases arising under Section 100, the Magistrate or Judge hearing the same may receive as evidence the fact that the person charged has no visible lawful means or insufficient lawful means of support, and is commonly about or in houses of prostitution, or in other places mentioned in Section 100 hereof; or that in connection with proof of committing any act forbidden hereby, such person is known to the police to be idle, vicious, and one who requires police surveillance.

NOTE TO CHAPTER 13.

$886-99 are P. C. Ch. 13 §§1-14. §§100-101 are S. L. 1896, Act 18. Cases in Hawaiian Reports: R. v. Kalailoa, 4 Haw. 39; Pahoa v. Haupu, 4 Haw. 158; Est. Gordon, 6 Haw. 290; Gov't v. Kamakauila, 9 Haw. 607; R. v. Kuhia, 10 Haw 440; R. v. Waipa, 10 Haw. 442; R. v. Parsons, 10 Haw. 601.

CHAPTER 14.

BURGLARY.

$102. Whoever by night or day breaks and enters the dwelling-house, room, building, store, mill, warehouse, outhouse or vessel of another, with intent to commit a felony therein, is guilty of burglary.

$103. Breaking is actual or constructive.

Actual breaking includes opening a door or window that is closed; constructive breaking is where entry is obtained by violence or threats of violence to the inmates or their property, or by fraud or by the aid of an accomplice.

$104. It is essential to burglary that there should be an entry which may be made by introducing the hand, foot, finger, or any part of the body into the house or any apartment thereof entered; or by discharging or throwing any missile, or introducing any instrument or any part thereof into the same; provided, that the missile or instrument be used as a means of committing or attempting to commit a felony, and not merely as a means of breaking.

$105. Burglary is of two degrees, first and second.

Burglary committed in the night time, or committed by one armed with a deadly weapon, or committed when any person having a right to be there is within the place burglarized, is burglary in the first degree; all other burglary is in the second degree.

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$106. Whoever is convicted of burglary in the first degree shall be punished by imprisonment at hard labor for life or any number of years. Whoever is convicted of burglary in the second degree shall be punished by imprisonment at hard labor not more than twenty years.

NOTE TO CHAPTER 14.

§§102-106 are S. L. 1896, Act 38, repealing P. C. Ch. 14.

Cases in Hawaiian Reports: R. v. Hulu, 3 Haw. 82; R. v. Asina, 3 Haw. 474; Re Rhodus, 6 Haw. 345; R. v. Ah Cheon, 10 Haw. 469. R. v.. Naone, 2 Haw. 746; R. v. Asina, 4 Haw. 474.

5.4.1903

Amended

Act 13