Page:1943 North Dakota Session Laws.pdf/186

reasonably necessary and sufficient to keep the child's life from danger and discomfort and his health from injury, is guilty of a felony. The fact, if it be a fact, that either parent may have secured a decree of divorce awarding the custody of such child shall in no manner relieve either parent from the requirements and penalty of this Act, except that compliance with the terms of such decree for support of such child shall be deemed a compliance herewith.

§ 2. Emergency.] This Act is hereby declared to be an emergency and shall be in full force and effect from and after its passage and approval.

Approved March 6, 1943.

An Act Amending and Re-enacting Section 9577 of the Compiled Laws for 1913 making it a felony for an official or an employee in any penal, correctional or eleemosynary institution to have sexual intercourse with an inmate of such institution in which such officer or other person is employed; making it a felony for a guardian or person administering public relief or welfare to induce a female ward under his care to have illicit sexual intercourse with him, by threatening to withhold from such female or her family, the necessities of life, or threatening physical violence; providing penalty.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. Amendment.] That Section 9577 of the Compiled Laws for 1913 be amended and re-enacted to read as follows:

$ 9577. Sexual Intercourse With Female Inmate, Ward, or Pauper, Felony. Penalty.] Every male person who has illicit sexual intercourse with any female person who is an inmate in any penal, correctional or eleemosynary institution in this state, and every person, who, when guardian of a minor or when administering public relief or welfare, has illicit sexual intercourse with a female who is a ward or pauper under his care, or who is in a position where she receives the necessities of life through or from him, or upon his recommendation, is guilty of a felony, and upon conviction, shall be punished by imprisonment in the penitentiary for a term of not less than one, nor more than fifteen years.

Approved March 18, 1943.