People v. Drake

SHAW, J.,

The defendant was convicted of the felony defined in section 266d of the Penal Code. The section is as follows:—

[249]

“Every person who receives any money or other valuable thing for or on account of his placing in custody any female for the purpose of causing her to cohabit with any male to whom she is not married, is guilty of a felony.”

By this definition, in order to constitute the offense, it is made imperative that the female in question shall have been “placed in custody” by the person charged. The use of the words “in custody” necessarily implies that she must be placed where she is detained or kept in the charge or control of another, in some sort of restraint, so that she is not free to come and go or otherwise act as she pleases.

(Spring

v. Dahl

man,

34 Neb. 692, [52 N. W. 567];

Wilkes

v.

Slaughter,

10 N. C. 216; Century Dic.)

That this is the correct interpretation of the section is further demonstrated by its legislative origin and history. It was first enacted as section 4 of the act of March 23, 1893, entitled, “An act to prevent compulsory prostitution of women, and the importation of Chinese or Japanese women for immoral purposes, and to provide penalties therefor.” (Stats. 1893, p. 217.) There are six sections of the act. This particular offense was thereby „ made a misdemeanor only. The title shows the general purpose to be to prevent forcible detention of women for prostitution, and the provisions of the several sections are directed against the kidnapping of women and the holding of them in restraint for that purpose, or for illicit sexual intercourse. In the revision of the Penal Code in 1901, these'sections were incorporated therein, and all the offenses defined were declared to be felonies. (Stats. 1901, p. 448.) This revision was held unconstitutional in

Lewis