it appears to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted. The jury have the right to determine the law and the fact. En. February 14, 1872. Constitutional provision is the same: Art. I, sec. 9. § 252. Publication defined. To sustain a charge of publishing a libel, it is not needful that the words or things complained of should have been read or seen by another. It is enough that the accused knowingly parted with the immediate custody of the libel, under circumstances which exposed it to be read or seen by any other person than himself. En. February 14, 1872. Cal. Rep. Cit. 122, 93; 122, 94. § 253. Liability of editors and publishers. Each author, editor, and proprietor of any book, newspaper, or serial publication, is chargeable with the publication of any words contained in any part of such book, or number of such newspaper or serial. En. February 14, 1872. See Const. Cal., art. I, sec. 9. § 254. True report of public official proceedings privileged. No reporter, editor, or proprietor of any newspaper is liable to any prosecution for a fair and true report of any judicial, legislative or other public official proceedings, or of any statement, speech, argument, or debate in the course of the same, except upon proof of malice in making such report, which shall not be implied from the mere fact of publication. En. February 14, 1872. § 255. Extent of privilege. Libelous remarks or comments connected with matter privileged by the last section receive no privilege by reason of their being so connected. En. February 14, 1872. Pen. Code-8 § 256. Other privileged communications. A communication made to a person interested in the communication, by one who was also interested or who stood in such relation to the former as to afford a reasonable ground for supposing his motive innocent, is not presumed to be malicious, and is a privileged communication. En. February 14, 1872. § 257. Threatening to publish libel. Offer to prevent. Every person who threatens another to publish a libel concerning him, or any parent, husband, wife, or child of such person, or member of his family, and every person who offers to prevent the publication of any libel upon another person, with intent to extort any money or other valuable consideration from any person, is guilty of a misdemeanor. En. February 14, 1872. § 258. Cartoon or caricature, publication of. It shall be unlawful to publish in any newspaper, handbill, poster, book or serial publication, or supplement thereto, the portrait of any living person a resident of California other than that of a person holding a public office in this state, without the written consent of such person first had and obtained; provided, that it shall be lawful to publish the portrait of a person convicted of a crime. It shall likewise be unlawful to publish in any newspaper, handbill, poster, book or serial publication or supplement thereto, any caricature of any person residing in this state, which caricature will in any manner reflect upon the honor, integrity, manhood, virtue, reputation, or business or political motives of the person so caricatured, or which tends to expose the individual so caricatured to public hatred, ridicule or contempt. A violation of this section shall be a misdemeanor, and shall be punished by a fine of not less than one hundred dollars, nor more than five hundred dollars, or by imprisonment in the county jail for not less than one month nor more than six months, or by both such fine and imprisonment. All persons concerned in said publica. tion, either as owner or manager, editor, or publisher, or engraver, are each liable for said publication. Actions for the violation of this section shall be tried in the county where such newspaper, handbill, poster, book, or serial publication or supplement is printed or has its publication office, or in the county where the person whose portrait or caricature is published resides at the time of the alleged publication. En. Stats. 1899, 28. § 259 Newspaper articles to be signed. Every article, statement, or editorial, contained in any newspaper or other printed publication, printed or published in this state, which by writing or printing tends to blacken the memory of one who is dead, or to impeach the honesty, integrity, virtue or reputation, or publish the natural or alleged defects of one who is alive, and thereby expose him or her to public hatred, contempt or ridicule, must be supplemented by the true name of the writer of such article, statement, or editorial, signed or printed at the end thereof. Any owner, proprietor or publisher of any newspaper or other printed publication printed or published in this state who shall publish any such article, statement, or editorial in any printed publication, printed or published in this state, which is not so supplemented by the true name of the writer thereof, signed or printed at the end thereof as required by this section, shall forfeit the sum of one thousand dollars for each and every article, statement, or editorial so published in violation of the requirements of this section, which said sum so forfeited may be sued for and recovered against any such owner, publisher, or proprietor so violating this section, in a civil action by and in the name of any person who may bring action therefor, one half of the recovery to be paid into the treasury of this state by the plaintiff and the other half to be retained by the plaintiff in such action. If, in any such action, it shall appear by affidavit to the satisfaction of the court where such action is commenced that a defendant has made a publication in violation of this section within this state, and that after due diligence such defendant cannot be found within this state, or is a foreign corporation, the court must direct an attachment in such action to issue against the property of such defendant, and thereupon such attachment shall issue and be executed as in other cases where by law an attachment is provided for. Where the work of any author is contained in a book or pamphlet it shall be sufficient that the name of the author be printed upon the cover, or upon a leaf therein, and where any publisher in the regular course of business publishes as news, telegraphic dispatches not furnished or forwarded by its or his own correspondent or correspondents, but furnished and forwarded by telegraph as news by a telegraphic news agency, established and engaged in forwarding telegraphic news to various different publishers as a business, and having an established business name as such a news agency, it shall be sufficient as to such dispatches that the said business name of such telegraphic news agency be printed in connection with such dispatches as the forwarder of the same. En.. Stats. 1899, 155. TITLE IX. OF CRIMES AGAINST THE PERSON AND AGAINST PUBLIC DECENCY AND GOOD MORALS. Chapter I. Rape, Abduction, Carnal Abuse of Children, and Seduction, §§ 261-269b. II. III. IV. V. VI. Abandonment, and Neglect of Children, §§ 270-273e. Abortions, §§ 274, 275. Child-stealing, § 278. Bigamy, Incest, and the Crime against Nature, Violating Sepulture and the Remains of the VII. Crimes against Religion and Conscience, and 3102. VIII. Indecent Exposure, Obscene Exhibitions, Books, and Prints, and Bawdy and Other Disorderly Houses, §§ 311-318. Lotteries, §§ 319-326. IX. X. Gaming, §§ 330-337. XI. XII. Pawnbrokers, §§ 338-344. Other Injuries to Persons, §§ 346-367a. CHAPTER I. RAPE, ABDUCTION, CARNAL ABUSE OF CHILDREN, AND SE § 261. Rape defined. DUCTION. 262. When physical ability must be proved. 263. Penetration sufficient. 264. Punishment of rape. 265. Abduction of women. 266. Seduction for purposes of prostitution. 266a. Taking female for purpose of prostitution. 266b. Taking female by force, duress, etc., to live in illicit relation. 266c. Bringing or landing Chinese or Japanese women for purpose of selling. § 266d. Placing female in custody for purpose of cohabitation. 266e. Paying for female for purpose of prostitution. 266f. Selling female for immoral purposes. §266g. Placing or permitting the placing of one's wife in house of prostitution. 268. Seduction under promise of marriage. 269. Intermarriage subsequent to seduction. 269a. Open and notorious fornication and adultery. 269b. Open and notorious adultery of married persons. Proof. |