[693] Act of Feb. 9, 1889: 1 _Supp. to U. S. Stat._, c. 120, p. 641; also _Code of D. C._ (1902), 170: penalty not less than five nor more than thirty years' imprisonment, or death when the jury so determines. [694] Act of Feb. 9, 1889, applying to all territory in exclusive jurisdiction of the U. S.: 1 _Supp. to U. S. Stat._, c. 120, p. 641; _Ann. Stat. Ind. Ter._ (1899), 845: first offense, not more than fifteen years in prison; each later offense, not more than thirty years. [695] When the girl is under fourteen the offense is rape punishable by not less than ten years in the territorial prison; between fourteen and sixteen the penalty is not less than five years' such imprisonment, if she be of "previous chaste and virtuous character": _cf._ _Stat. of Okla._ (1893), 467; and _Laws_ (1895), 104, 105. [696] Up to fourteen for the girl the penalty is death or imprisonment for life or for any definite term from eighteen months to twenty-one years: _cf._ _Pub. Gen. Laws of Md._ (1888), I, 533, 534; with _Laws_ (1890), c. 410, p. 447. By the act of 1898, c. 218, abuse of a girl between fourteen and sixteen is only a misdemeanor punishable by not _more_ than two years in the house of correction _or_ by a fine not to _exceed_ $500: PRENTISS'S _Supp. to Code_ (1898), 195. [697] In Tennessee the offense against a girl below twelve years of age is punishable, as in case of rape, by death or, if the jury please, by imprisonment for life or not less than ten years; from twelve to sixteen, it is a felony, with three to ten years in prison, if the child be of previous chaste character, and if she can bring witnesses to support her statements. The one day was added by way of a joke! See the interesting account of the passage of the act by DROMGOOLE, in _Arena_, XI, 209-12; and for the act consult _Laws_ (1893), c. 129, § 1, 273, 274; _Code_ (1896), 1593, 1594. [698] _Laws of Tex._ (1891), 96; _ibid._ (1895), 79, 104: not less than two years in the penitentiary. [699] _Acts of S. C._ (1896), 223: a felony; penalty, death or imprisonment for life, unless the jury recommends the offender to mercy, when the court shall reduce the punishment to imprisonment for a term not exceeding fourteen years. [700] Act of March 3, 1896: _Acts_ (1895-96), 673: penalty, death or imprisonment from five to twenty-one years, as the jury may determine. [701] _Acts of W. Va._ (1901), 218: penalty, death or imprisonment from seven to twenty years, as the jury may decide; but the penalty does not apply to a boy under fourteen ravishing a girl over twelve "with her free consent." [702] By the _Code of N. C._ (1883), 444, the age is ten; raised to fourteen by _Pub. Laws_ (1895), 374; but the crime is only "punished by fine _or_ imprisonment at the discretion of the court, provided she has never previously had sexual intercourse with any male person."