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An Act to amend the criminal law in relation to rape, incest, and adultery. 1857 266 (1857)

handle is hein.slavery/ssactsal0507 and id is 1 raw text is: 1857-'58                         266
SEC. 7. Be it further enacted, That all laws and parts of
laws, conflicting with the provisions of this act, be and the
same are hereby repealed.
APRoVED, January 26, 1853.
[No. 240.]           AN ACT
To amend the criminal law in relation to rape, incest, and
adultery.
SECTION 1. Be it enacted by the Senate and House of Rep-
resentatives of the State of Alabama in General Assembly con-
vened, That any slave, or free person of color, who falsely
personates the husband of any married white woman, and
slaVes.   thereby deceives her, and by means of such deception gains
access to, and has carnal con nexion with such married white
woman, shall be deemed guilty of felony, and must, on
conviction thereof, suffer death.
SEC. 2. Be it further enacted, That any slave, or free
negro, wNho attempts to have carnal connexion with any
married white woman, or attempts to gain access to her for
Married white the purpose of having carnal connexion with her, by falsely
Woman.
personating her husband, shall be deemed guilty of felony,
and on conviction thereof must suffer death.
SEC. 3. Be it farther enacted, That any free white person
who falsely personates the husband of any married white
woman and thereby deceives her,.and by means of such
deception gains access to, and has carnal connexion with
such married white woman, shall be deemed guilty of felo-
Carnalconnex. ny, and on conviction thereof must be imprisoned in the
penitentary not less than ten years; but no conviction
under this section shall be had upon the unsupported evi-
dence of the woman alone.
SEc. 4. Be it furtther enacted, That persons within the
neationhip.  degree of consanguinity, or relationship, within which
marriages are declared by law to be incestuous and void,
who have carnal connexion with each other, knowing
of such consanguinity. or relationship, must, on conviction
thereof, be imprisoned in the penitentiary not less than
two, ior more than seven years.
SE,. 5. Be itftrthcr enacted, That any white person who
lives in adultery, or fornication, with a slave, or free negro,

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