Non-Monogamous Families and the Law, Part 45: Summary of Utah Laws

Author's Note:

Yes, another blitz-review. I'm going out of town for a few days to visit family, so expect no updates for a few days. I'll have this stuff done pretty quickly when I get back though, considering I've only got 6 more to go (-:

Also, shock... Utah's laws are the harshest I've seen yet for non-monogamists. Yikes!!!

- Jason

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Non-Monogamous Families and the Law, Part 45: Summary of Utah Laws

Adultery:

Utah has both adultery and fornication laws (Utah State Legislature, 2011l; Utah State Legislature, 2011m). Though adultery is only applicable to the married party (Utah State Legislature, 2011l), the fornication law would cover the unmarried party, as well as any unmarried parties (Utah State Legislature, 2011m). Both adultery and fornication are liable as a class B misdemeanor (Utah State Legislature, 2011l; Utah State Legislature, 2011m), punishable by up to 6 months of imprisonment (Utah State Legislature, 2011c) and a fine up to $1,000 (Utah State Legislature, 2011d). Repeat escalation appears not to apply.

Inchoate laws apply, with attempt and conspiracy liable as a class C misdemeanor (Utah State Legislature, 2011e; Utah State Legislature, 2011f; Utah State Legislature, 2011g; Utah State Legislature, 2011h), punishable by up to 90 days imprisonment (Utah State Legislature, 2011c) and a fine up to $750 (Utah State Legislature, 2011d). Solicitation doesn’t apply as neither adultery nor fornication are felonies (Utah State Legislature, 2011i). Aiding/abetting is liable at the same level (Utah State Legislature, 2011a).

Bigamy:

Bigamy is applicable to both marryer and marryee, and has both a purportation and cohabitation clause (Utah State Legislature, 2011k). Liability for bigamy is as a third degree felony (Utah State Legislature, 2011k), punishable by up to 5 years imprisonment (Utah State Legislature, 2011b) and a fine up to $5,000 (Utah State Legislature, 2011d). Repeat escalation appears not to apply. However, inchoate applies with solicitation included (Utah State Legislature, 2011e; Utah State Legislature, 2011g; Utah State Legislature, 2011i). Attempt, solicitation and conspiracy for bigamy are all at class A misdemeanor liability (Utah State Legislature, 2011f; Utah State Legislature, 2011h; Utah State Legislature, 2011j), punishable by up to 1 year imprisonment (Utah State Legislature, 2011c) and a fine of up to $2,500 (Utah State Legislature, 2011d). Aiding/abetting applies at the same level (Utah State Legislature, 2011a).

Round-Up of Laws:

The combination of fornication, adultery and the purportation & cohabitation clauses in bigamy create the maximum possible liability for non-monogamists. With fornication and adultery carrying the same liability, unmarried and dyadic non-monogamists have the lowest liability. Because of the cohabitation and purportation clauses in bigamy, non-dyadic non-monogamists have a very high degree of extra liability.

Non-Monogamous Strategies:

Because of the adultery and fornication laws, there is no way to avoid some level of criminal liability for being non-monogamous in Utah. If non-dyadic non-monogamists can exercise control over their public image, for purportation, and split residences by marriage, for cohabitation, then they will have the same liability as unmarried and dyadic non-monogamists, however that is the lowest the liability goes for non-monogamists.

References

Utah State Legislature. (2011a). Criminal responsibility for direct commission of offence or for conduct of another. (Utah Code 76-2-202). Salt Lake City, UT: Utah State Legislature.

Utah State Legislature. (2011b). Felony conviction – Indeterminate term of imprisonment. (Utah Code 76-3-203). Salt Lake City, UT: Utah State Legislature.

Utah State Legislature. (2011c). Misdemeanor conviction – Term of imprisonment. (Utah Code 76-3-204). Salt Lake City, UT: Utah State Legislature.

Utah State Legislature. (2011d). Fines for persons. (Utah Code 76-3-301). Salt Lake City, UT: Utah State Legislature.

Utah State Legislature. (2011e). Attempt – Elements of offense. (Utah Code 76-4-101). Salt Lake City, UT: Utah State Legislature.

Utah State Legislature. (2011f). Attempt – Classification of offenses. (Utah Code 76-4-102). Salt Lake City, UT: Utah State Legislature.

Utah State Legislature. (2011g). Conspiracy – Elements of offense. (Utah Code 76-4-201). Salt Lake City, UT: Utah State Legislature.

Utah State Legislature. (2011h). Conspiracy – Classification of offenses. (Utah Code 76-4-202). Salt Lake City, UT: Utah State Legislature.

Utah State Legislature. (2011i). Criminal Solicitation - Elements. (Utah Code 76-4-203). Salt Lake City, UT: Utah State Legislature.

Utah State Legislature. (2011j). Criminal solicitation - Penalties. (Utah Code 76-4-204). Salt Lake City, UT: Utah State Legislature.

Utah State Legislature. (2011k). Bigamy - Defense. (Utah Code 76-7-101). Salt Lake City, UT: Utah State Legislature.

Utah State Legislature. (2011l). Adultery. (Utah Code 76-7-103). Salt Lake City, UT: Utah State Legislature.

Utah State Legislature. (2011m). Fornication. (Utah Code 76-7-104). Salt Lake City, UT: Utah State Legislature.

Non-Monogamous Families and the Law, Part 44: Summary of Texas Laws

Author's Note:

I'm shocked... no adultery or fornication laws in Texas? Wow... That's quite an interesting thing...

- Jason

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Non-Monogamous Families and the Law, Part 44: Summary of Texas Laws

Adultery:

Texas has no adultery or fornication laws.

Bigamy:

Texas’ bigamy law is applicable to both marryer and marryee, and possesses both cohabitation and purportation clauses (Texas State Legislature, 2011i). Bigamy is a third degree felony (Texas State Legislature, 2011i), punishable by 2-10 years imprisonment and a fine up to $10,000 (Texas State Legislature, 2011c). Repeat escalation appears not to apply, as bigamy is not a state jail felony (Texas State Legislature, 2011e). Inchoate laws partially apply, with attempt and conspiracy liable as a state jail felony (Texas State Legislature, 2011f; Texas State Legislature, 2011g), punishable by 180 days to 2 years imprisonment and a fine up to $10,000 (Texas State Legislature, 2011d). Solicitation does not apply as bigamy is not a sufficiently high grade of felony (Texas State Legislature, 2011h). Both party to and aiding/abetting apply at the same liability as bigamy (Texas State Legislature, 2011a; Texas State Legislature, 2011b).

Round-Up of Laws:

With an absence of adultery and fornication laws, non-married non-monogamists and dyadic non-monogamists have no criminal liability. Non-dyadic non-monogamists, however, have a great deal of liability under the cohabitation and purportation clause in Texas’ bigamy law.

Non-Monogamous Strategies:

Non-dyadic non-monogamists should show a great deal of care for their public image, due to the purportation clause in bigamy, and would need to split residences by marriage to avoid the cohabitation clause. In avoiding these two clauses, non-dyadic non-monogamists can have the same lack of liability that unmarried and dyadic non-monogamists have.

References

Texas State Legislature. (2011a). Parties to offences. (Texas Statutes 7.01). Austin, TX: Texas State Legislature.

Texas State Legislature. (2011b). Criminal responsibility for conduct of another. (Texas Statutes 7.02). Austin, TX: Texas State Legislature.

Texas State Legislature. (2011c). Third degree felony punishment. (Texas Statutes 12.34). Austin, TX: Texas State Legislature.

Texas State Legislature. (2011d). State jail felony punishment. (Texas Statutes 12.35). Austin, TX: Texas State Legislature.

Texas State Legislature. (2011e). Penalties for repeat and habitual felony offenders. (Texas Statutes 12.42). Austin, TX: Texas State Legislature.

Texas State Legislature. (2011f). Criminal attempt. (Texas Statutes 15.01). Austin, TX: Texas State Legislature.

Texas State Legislature. (2011g). Criminal conspiracy. (Texas Statutes 15.02). Austin, TX: Texas State Legislature.

Texas State Legislature. (2011h). Criminal solicitation. (Texas Statutes 15.03). Austin, TX: Texas State Legislature.

Texas State Legislature. (2011i). Bigamy. (Texas Statutes 25.01). Austin, TX: Texas State Legislature.

Non-Monogamous Families and the Law, Part 43: Summary of Tennessee Laws

Non-Monogamous Families and the Law, Part 43: Summary of Tennessee Laws

Adultery:

Tennessee has no adultery or fornication laws.

Bigamy:

Bigamy is Tennessee is applicable to both marryer and marryee, and purportation is applicable (Tennessee State Legislature, 2011g). Bigamy is liable as a class A misdemeanor (Tennessee State Legislature, 2011g), punishable by up to 11 months and 29 days imprisonment and a fine up to $2,500 (Tennessee State Legislature, 2011i). Repeat escalation is not applicable as bigamy is not a felony (Tennessee State Legislature, 2011h). Inchoate laws apply, with attempt and conspiracy punishable as a class B misdemeanor (Tennessee State Legislature, 2011c; Tennessee State Legislature, 2011e; Tennessee State Legislature, 2011f), punishable by up to 6 months imprisonment and a fine up to $500 (Tennessee State Legislature, 2011i); solicitation as a class C misdemeanor (Tennessee State Legislature, 2011d; Tennessee State Legislature, 2011f), punishable by up to 30 days imprisonment and a fine up to $50 (Tennessee State Legislature, 2011i); aiding and abetting at the same level (Tennessee State Legislature, 2011a); and accessory after the fact is not applicable as it only applies to felonies (Tennessee State Legislature, 2011b).

Round-Up of Laws:

The lack of adultery and fornication laws effectively eliminates criminal liability for unmarried non-monogamists and dyadic non-monogamists. Since bigamy has a purportation clause, however, non-dyadic non-monogamists have liability with the bigamy law.

Non-Monogamous Strategies:

Because of the purportation clause in bigamy, non-dyadic non-monogamists should practice control over public image to limit their liability to this clause. Beyond this, and not possessing an actual bigamous marriage, there is no criminal liability for non-monogamists In Tennessee.

References

Tennessee State Legislature. (2011a). Criminal responsibility for conduct of another. (Tennessee Code Unannoteted 39-11-402). Nashville, TN: Tennessee State Legislature.

Tennessee State Legislature. (2011b). Accessory after the fact. (Tennessee Code Unannoteted 39-11-411). Nashville, TN: Tennessee State Legislature.

Tennessee State Legislature. (2011c). Criminal attempt. (Tennessee Code Unannoteted 39-12-101). Nashville, TN: Tennessee State Legislature.

Tennessee State Legislature. (2011d). Solicitation – Defenses disallowed. (Tennessee Code Unannoteted 39-12-102). Nashville, TN: Tennessee State Legislature.

Tennessee State Legislature. (2011e). Criminal conspiracy. (Tennessee Code Unannoteted 39-12-103). Nashville, TN: Tennessee State Legislature.

Tennessee State Legislature. (2011f). Grading attempt, solicitation and conspiracy. (Tennessee Code Unannoteted 39-12-107). Nashville, TN: Tennessee State Legislature.

Tennessee State Legislature. (2011g). Bigamy. (Tennessee Code Unannoteted 39-15-301). Nashville, TN: Tennessee State Legislature.

Tennessee State Legislature. (2011h). Multiple offender. (Tennessee Code Unannoteted 40-35-106). Nashville, TN: Tennessee State Legislature.

Tennessee State Legislature. (2011i). Authorized terms of imprisonment and fines for felonies and misdemeanors. (Tennessee Code Unannoteted 40-35-111). Nashville, TN: Tennessee State Legislature.

Non-Monogamous Families and the Law, Part 42: Summary of South Dakota Laws

Non-Monogamous Families and the Law, Part 42: Summary of South Dakota Laws

Adultery:

South Dakota has no adultery or fornication laws.

Bigamy:

Only the marryer is liable in South Dakota for bigamy, and there is no cohabitation or purportation clause (South Dakota State Legislature, 2011j). Bigamy is a class 6 felony (South Dakota State Legislature, 2011j), punishable by up to 2 years, and a fine up to $4,000 (South Dakota State Legislature, 2011f). Repeat escalation does apply, with the first and second repeats liable as a class 5 felony, punishable by up to 5 years imprisonment and a fine up to $10,000 (South Dakota State Legislature, 2011h). The third or more repeat offence is liable as a class 4 felony, punishable by up to 10 years imprisonment and a fine up to $20,000 (South Dakota State Legislature, 2011i).

Inchoate laws apply in full, with aiding and abetting being at the same punishment level (South Dakota State Legislature, 2011a), accessory at the level of a class 5 felony (South Dakota State Legislature, 2011b), conspiracy and solicitation as a class 1 misdemeanor (South Dakota State Legislature, 2011c; South Dakota State Legislature, 2011e) punishable by up to 1 year imprisonment and a fine up to $2,000 (South Dakota State Legislature, 2011g), and attempt is liable at one-half of the punishment level of bigamy (South Dakota State Legislature, 2011d).

Round-Up of Laws:

The lack of adultery and fornication laws provides non-married non-monogamists and dyadic non-monogamists with no criminal liability. The lack of a cohabitation or purportation clause in bigamy also eases liability tremendously for non-dyadic non-monogamists. In the event of an actual bigamous marriage, the complex web of inchoate laws would make network liability difficult to discern.

Non-Monogamous Strategies:

Because of the lack of adultery, fornication, and cohabitation & purportation clauses in bigamy, to avoid liability a non-monogamous family can simply not have a bigamous marriage.

References

South Dakota State Legislature. (2011a). Aiding, abetting or advising. (South Dakota Codified Laws 22-3-3). Pierre, SD: South Dakota State Legislature.

South Dakota State Legislature. (2011b). Accessories to crime-Misdemeanors excepted. (South Dakota Codified Laws 22-3-5). Pierre, SD: South Dakota State Legislature.

South Dakota State Legislature. (2011c). Conspiracy to commit offence-Punishment. (South Dakota Codified Laws 22-3-8). Pierre, SD: South Dakota State Legislature.

South Dakota State Legislature. (2011d). Attempt-Punishment. (South Dakota Codified Laws 22-4-1). Pierre, SD: South Dakota State Legislature.

South Dakota State Legislature. (2011e). Criminal solicitation-Penalty. (South Dakota Codified Laws 22-4A-1). Pierre, SD: South Dakota State Legislature.

South Dakota State Legislature. (2011f). Felony classes and penalties-Restitution-Habitual criminal sentences. (South Dakota Codified Laws 22-6-1). Pierre, SD: South Dakota State Legislature.

South Dakota State Legislature. (2011g). Misdemeanor classes and penalties-Misdemeanor when no penalty imposed. (South Dakota Codified Laws 22-6-2). Pierre, SD: South Dakota State Legislature.

South Dakota State Legislature. (2011h). One or two prior felony convictions-Sentence increased-Limitation-Felony. (South Dakota Codified Laws 22-7-7). Pierre, SD: South Dakota State Legislature.

South Dakota State Legislature. (2011i). Three or more additional felony convictions not including a crime of violence-Enhancement of sentence-Limitation-Parole. (South Dakota Codified Laws 22-7-8.1). Pierre, SD: South Dakota State Legislature.

South Dakota State Legislature. (2011j). Bigamy-Exceptions-Felony. (South Dakota Codified Laws 22-22A-1). Pierre, SD: South Dakota State Legislature.

Non-Monogamous Families and the Law, Part 41: Summary of South Carolina Laws

Non-Monogamous Families and the Law, Part 41: Summary of South Carolina Laws

Adultery:

Adultery in South Carolina is applicable to both parties (South Carolina State Legislature, 2011g), and is considered a class C misdemeanor (South Carolina State Legislature, 2011c), punishable by imprisonment for 6 to 12 months and/or a fine of $100 to $500 (South Carolina State Legislature, 2011f). South Carolina also has laws against fornication (South Carolina State Legislature, 2011h), which carry the same liability (South Carolina State Legislature, 2011c; South Carolina State Legislature, 2011f). Repeat escalation does not apply as neither are high-class felonies (South Carolina State Legislature, 2011d). Inchoate offence does not apply either, as neither are any grade of felony (South Carolina State Legislature, 2011a; South Carolina State Legislature, 2011i).

Bigamy:

Bigamy in South Carolina is specific to bigamous marriage, without purportation or cohabitation (South Carolina State Legislature, 2011e). Bigamy is a class F felony (South Carolina State Legislature, 2011b), punishable by imprisonment from ½ a year to 5 years, and a fine up to $500 (South Carolina State Legislature, 2011e). Repeat escalation does not apply as bigamy is not a high-grade felony (South Carolina State Legislature, 2011d). Accessory and conspiracy do apply, and both are liable at the same level as bigamy (South Carolina State Legislature, 2011a; South Carolina State Legislature, 2011i).

Round-Up of Laws:

Because of the presence of fornication, adultery and simple bigamy (without purportation and/or cohabitation), there is full liability for all forms of non-monogamy. Because bigamy is simple, the liability is similar despite form, as bigamy wouldn’t be directly applicable to (most) non-dyadic families. The lack of comprehensive inchoate laws (accessory and conspiracy only) eases liability for well-networked families.

Non-Monogamous Strategies:

As bigamy is simple, and there are adultery and fornication laws, there is little that non-monogamists can do to avoid liability.

References

South Carolina State Legislature. (2011a). Accessory. (South Carolina Code of Laws 16-1-40). Columbia, SC: South Carolina State Legislature.

South Carolina State Legislature. (2011b). Crimes classified as felonies. (South Carolina Code of Laws 16-1-90). Columbia, SC: South Carolina State Legislature.

South Carolina State Legislature. (2011c). Crimes classified as misdemeanors. (South Carolina Code of Laws 16-1-100). Columbia, SC: South Carolina State Legislature.

South Carolina State Legislature. (2011d). Increased sentences for repeat offenders. (South Carolina Code of Laws 16-1-120). Columbia, SC: South Carolina State Legislature.

South Carolina State Legislature. (2011e). Bigamy. (South Carolina Code of Laws 16-15-10). Columbia, SC: South Carolina State Legislature.

South Carolina State Legislature. (2011f). Adultery or fornication. (South Carolina Code of Laws 16-15-70). Columbia, SC: South Carolina State Legislature.

South Carolina State Legislature. (2011g). “Adultery” defined. (South Carolina Code of Laws 16-15-70). Columbia, SC: South Carolina State Legislature.

South Carolina State Legislature. (2011h). “Fornication” defined. (South Carolina Code of Laws 16-1-40). Columbia, SC: South Carolina State Legislature.

South Carolina State Legislature. (2011i). Conspiracy. (South Carolina Code of Laws 16-17-410). Columbia, SC: South Carolina State Legislature.

Non-Monogamous Families and the Law, Part 40: Summary of Rhode Island Laws

Author's Note:

Lots of free time, very well rested, feeling energized = tons of enthusiasm and energy to do state reviews (-: just 11 more to go!

- Jason

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Non-Monogamous Families and the Law, Part 40: Summary of Rhode Island Laws

Adultery:

Rhode Island adultery applies to both parties, and is punishable with a fine only, up to $500 (Rhode Island State Legislature, 2011e). Repeat escalation appears to not apply, and inchoate solicitation, conspiracy and aiding/abetting apply at the same level as adultery (Rhode Island State Legislature, 2011a; Rhode Island State Legislature, 2011b; Rhode Island State Legislature, 2011c). There appears to be no attempt law.

Bigamy:

Rhode Island bigamy law contains a cohabitation clause, however is only applicable to the marryer (Rhode Island State Legislature, 2011d). Punishment is with a fine only, up to $1,000 (Rhode Island State Legislature, 2011d). Inchoate solicitation, conspiracy and aiding/abetting apply at the same liability (Rhode Island State Legislature, 2011a; Rhode Island State Legislature, 2011b; Rhode Island State Legislature, 2011c), with no attempt law.

Round-Up of Laws:

With no imprisonment sentence applicable, overall liability is a financial matter only. Since there is no fornication law, being unmarried effectively eliminates criminal liability. Dyadic non-monogamists have liability at the $500 level, and non-dyadic non-monogamists have liability at the $1,000 level because of the cohabitation clause.

Non-Monogamous Strategies:

Because of the lack of a fornication law, being unmarried is the best way to limit liability. For non-dyadic non-monogamists who retain their marriage, separating housing situations by marriage will avoid liability from bigamy.

References

Rhode Island State Legislature. (2011a). Liability for aiding, abetting, counseling, hiring, or commanding offences. (Rhode Island General Laws 11-1-3). Providence, RI: Rhode Island State Legislature.

Rhode Island State Legislature. (2011b). Conspiracy. (Rhode Island General Laws 11-1-6). Providence, RI: Rhode Island State Legislature.

Rhode Island State Legislature. (2011c). Soliciting another to commit a crime. (Rhode Island General Laws 11-1-9). Providence, RI: Rhode Island State Legislature.

Rhode Island State Legislature. (2011d). Bigamy. (Rhode Island General Laws 11-6-1). Providence, RI: Rhode Island State Legislature.

Rhode Island State Legislature. (2011e). Adultery. (Rhode Island General Laws 11-6-2). Providence, RI: Rhode Island State Legislature.

Non-Monogamous Families and the Law, Part 39: Summary of Pennsylvania Laws

Non-Monogamous Families and the Law, Part 39: Summary of Pennsylvania Laws

Adultery:

Pennsylvania has no adultery or fornication laws.

Bigamy:

Pennsylvania bigamy has a purportation clause, and is liable for both marryer and marryee as a second degree misdemeanor (Pennsylvania State Legislature, 2011g). Punishment is up to two years imprisonment (Pennsylvania State Legislature, 2011f) and a fine up to $5,000 (Pennsylvania State Legislature, 2011e). Repeat escalation appears to not apply, though a standard range of inchoate offences, attempt, solicitation and conspiracy, apply at the same level of liability as bigamy (Pennsylvania State Legislature, 2011a; Pennsylvania State Legislature, 2011b; Pennsylvania State Legislature, 2011c; Pennsylvania State Legislature, 2011d).

Round-Up of Laws:

With the absence of fornication and adultery laws, unmarried and dyadic non-monogamists have minimal liability. Non-dyadic non-monogamists, however, are liable under the purportation clause in bigamy.

Non-Monogamous Strategies:

Since the only liability comes from the bigamy law, non-dyadic non-monogamists would need to either not be married, or practice a great deal of control over their public image.

References

Pennsylvania State Legislature. (2011a). Criminal attempt. (Pennsylvania Consolidated Statutes 901). Harrisburg, PA: Pennsylvania State Legislature.

Pennsylvania State Legislature. (2011b). Criminal solicitation. (Pennsylvania Consolidated Statutes 902). Harrisburg, PA: Pennsylvania State Legislature.

Pennsylvania State Legislature. (2011c). Criminal conspiracy. (Pennsylvania Consolidated Statutes 903). Harrisburg, PA: Pennsylvania State Legislature.

Pennsylvania State Legislature. (2011d). Grading of criminal attempt, solicitation and conspiracy. (Pennsylvania Consolidated Statutes 901). Harrisburg, PA: Pennsylvania State Legislature.

Pennsylvania State Legislature. (2011e). Fines. (Pennsylvania Consolidated Statutes 1101). Harrisburg, PA: Pennsylvania State Legislature.

Pennsylvania State Legislature. (2011f). Sentence of imprisonment for misdemeanors. (Pennsylvania Consolidated Statutes 1104). Harrisburg, PA: Pennsylvania State Legislature.

Pennsylvania State Legislature. (2011g). Bigamy. (Pennsylvania Consolidated Statutes 4301). Harrisburg, PA: Pennsylvania State Legislature.

Non-Monogamous Families and the Law, Part 38: Summary of Oregon Laws

Non-Monogamous Families and the Law, Part 38: Summary of Oregon Laws

Adultery:

Oregon has no adultery or fornication laws.

Bigamy:

Oregon bigamy law has a purportation clause, though the marryer is the only one liable. Bigamy is a class C felony (Oregon State Legislature, 2011i) and is punishable by up to 5 years of imprisonment (Oregon State Legislature, 2011e) and a fine up to $125,000 (Oregon State Legislature, 2011g). Repeat escalation appears to not apply, however a full range of inchoate laws, attempt, solicitation, conspiracy and criminal liability, apply (Oregon State Legislature, 2011a; Oregon State Legislature, 2011b; Oregon State Legislature, 2011c; Oregon State Legislature, 2011d). Criminal liability and conspiracy are punishable at the same level as bigamy (Oregon State Legislature, 2011a; Oregon State Legislature, 2011d), with attempt and solicitation liable as a class A misdemeanor (Oregon State Legislature, 2011b; Oregon State Legislature, 2011c), punishable by up to 1 year imprisonment (Oregon State Legislature, 2011f) and a fine up to $6,250 (Oregon State Legislature, 2011h).

Round-Up of Laws:

With the lack of adultery and fornication laws, there is minimal liability for unmarried non-monogamists and dyadic non-monogamists. The excessive financial penalties for bigamy, and the purportation clause, though, provide a great deal of liability for non-dyadic non-monogamists.

Non-Monogamous Strategies:

Because liability rests mainly just with non-dyadic non-monogamists, either not having a marriage, or observing careful control on public image, due to the purportation clause, is necessary to limit liability.

References

Oregon State Legislature. (2011a). Criminal liability for conduct of another. (Oregon Revised Statutes 161.155). Salem, OR: Oregon State Legislature.

Oregon State Legislature. (2011b). “Attempt” described. (Oregon Revised Statutes 161.405). Salem, OR: Oregon State Legislature.

Oregon State Legislature. (2011c). “Solicitation” described. (Oregon Revised Statutes 161.435). Salem, OR: Oregon State Legislature.

Oregon State Legislature. (2011d). “Conspiracy” described. (Oregon Revised Statutes 161.450). Salem, OR: Oregon State Legislature.

Oregon State Legislature. (2011e). Maximum prison time for felonies. (Oregon Revised Statutes 161.605). Salem, OR: Oregon State Legislature.

Oregon State Legislature. (2011f). Prison terms for misdemeanors. (Oregon Revised Statutes 161.615). Salem, OR: Oregon State Legislature.

Oregon State Legislature. (2011g). Fines for felonies. (Oregon Revised Statutes 161.625). Salem, OR: Oregon State Legislature.

Oregon State Legislature. (2011h). Fines for misdemeanors. (Oregon Revised Statutes 161.635). Salem, OR: Oregon State Legislature.

Oregon State Legislature. (2011i). Bigamy. (Oregon Revised Statutes 163.515). Salem, OR: Oregon State Legislature.

Non-Monogamous Families and the Law, Part 37: Summary of Oklahoma Laws

Non-Monogamous Families and the Law, Part 37: Summary of Oklahoma Laws

Adultery:

Oklahoma adultery makes both parties liable (Oklahoma State Legislature, 2011c). Additionally, there’s a rather odd internal prosecution clause, which allows for only the offended spouse to press charges, however it seems this can be waived in the case that the adulterous individuals are cohabiting together in “open and notorious adultery.” (Oklahoma State Legislature, 2011c) Adultery is considered to be a felony, and is punishable by up to 5 years imprisonment and a fine up to $500 (Oklahoma State Legislature, 2011d). Repeat escalation seems to not apply, and inchoate offences are limited to attempt (Oklahoma State Legislature, 2011a) and conspiracy, though Oklahoma conspiracy has conditions that mirror solicitation (Oklahoma State Legislature, 2011b). Punishment for attempt is at ½ the level of adultery, up to 2.5 years imprisonment and a fine up to $250 (Oklahoma State Legislature, 2011a). Conspiracy is actually punishable beyond adultery, at up to 10 years imprisonment and a fine up to $5,000 (Oklahoma State Legislature, 2011b). Oklahoma has no fornication law.

Bigamy:

Bigamy in Oklahoma has no purportation or cohabitation clause (Oklahoma State Legislature, 2011e); however punishments are different for the marryer and the marryee, with both considered a felony. The marryer is liable for up to 5 years imprisonment (Oklahoma State Legislature, 2011f), where the marryee is liable for the same imprisonment in addition to a fine up to $500 (Oklahoma State Legislature, 2011g). There doesn’t appear to be repeat escalation for bigamy, and inchoate applies in the same way to bigamy as it does to adultery, with attempt being at ½ and conspiracy at 10 years/$5,000 (Oklahoma State Legislature, 2011a; Oklahoma State Legislature, 2011b).

Round-Up of Laws:

Though Oklahoma has adultery and bigamy laws, its lack of a fornication law makes liability for unmarried non-monogamists minimal. Because of the excessive level of punishment for adultery, dyadic non-monogamists are in danger, but due to the internal nature of the adultery law it’s only an issue if one of the spouses chooses to prosecute. The bulk of the liability is with the non-dyadic non-monogamists, where they are easily liable under the open and notorious clause in adultery, and under bigamy is a bigamous marriage does actually exist.

Non-Monogamous Strategies:

Because of the lack of a fornication law, the easiest way to avoid liability is to not be married. Assuming this isn’t an option, maintaining a healthy relationship is important due to the internal nature of the adultery law, and for non-dyadic non-monogamists having separate living arrangements based on marriages would be important to avoid liability under open and notorious adultery.

References

Oklahoma State Legislature. (2011a). Attempts to commit crimes – Punishment. (Oklahoma Statutes 21-42). Oklahoma City, OK: Oklahoma State Legislature.

Oklahoma State Legislature. (2011b). Conspiracy – Definitions – Punishment. (Oklahoma Statutes 21-421). Oklahoma City, OK: Oklahoma State Legislature.

Oklahoma State Legislature. (2011c). Adultery defined. (Oklahoma Statutes 21-871). Oklahoma City, OK: Oklahoma State Legislature.

Oklahoma State Legislature. (2011d). Punishment for adultery. (Oklahoma Statutes 21-872). Oklahoma City, OK: Oklahoma State Legislature.

Oklahoma State Legislature. (2011e). Bigamy defined. (Oklahoma Statutes 21-881). Oklahoma City, OK: Oklahoma State Legislature.

Oklahoma State Legislature. (2011f). Bigamy a felony. (Oklahoma Statutes 21-883). Oklahoma City, OK: Oklahoma State Legislature.

Oklahoma State Legislature. (2011g). Person marrying a bigamist. (Oklahoma Statutes 21-884). Oklahoma City, OK: Oklahoma State Legislature.

Non-Monogamous Families and the Law, Part 36: Summary of Ohio Laws

Non-Monogamous Families and the Law, Part 36: Summary of Ohio Laws 

Adultery:

Ohio possesses no adultery or fornication laws.

Bigamy:

Bigamy in Ohio possesses a cohabitation clause, but no purportation clause (Ohio State Legislature, 2011a). Liability is at the level of a first degree misdemeanor (Ohio State Legislature, 2011a), punishable by up to 180 days of imprisonment (Ohio State Legislature, 2011e) and a fine of up to $1,000 (Ohio State Legislature, 2011f). Repeat offence escalation appears to not apply, and inchoate offences apply with varying impact. Attempt is at the level of a second degree misdemeanor (Ohio State Legislature, 2011c), punishable by up to 90 days imprisonment (Ohio State Legislature, 2011e) and up to $700 fine (Ohio State Legislature, 2011f). Conspiracy doesn’t apply (Ohio State Legislature, 2011b), and complicity, which is a combination of solicitation and aiding/abetting, applies as a first degree misdemeanor (Ohio State Legislature, 2011d).

Round-Up of Laws:

The lack of adultery/fornication minimizes liability for dyadic non-monogamists, however the cohabitation clause of bigamy creates an additional level of liability for non-dyadic non-monogamists.

Non-Monogamous Strategies:

The cohabitation clause in bigamy creates a clear, but challenging condition to avoid. Non-dyadic non-monogamists can avoid liability by having separate residences per legal marriage; however this may not be viable for the relationship.

References

Ohio State Legislature. (2011a). Bigamy. (Ohio Revised Code 2919.01). Columbus, OH: Ohio State Legislature.

Ohio State Legislature. (2011b). Conspiracy. (Ohio Revised Code 2923.01). Columbus, OH: Ohio State Legislature.

Ohio State Legislature. (2011c). Attempt to commit an offense. (Ohio Revised Code 2923.02). Columbus, OH: Ohio State Legislature.

Ohio State Legislature. (2011d). Complicity. (Ohio Revised Code 2923.03). Columbus, OH: Ohio State Legislature.

Ohio State Legislature. (2011e). Definite jail terms for misdemeanors. (Ohio Revised Code 2929.24). Columbus, OH: Ohio State Legislature.

Ohio State Legislature. (2011f). Financial sanctions – misdemeanors. (Ohio Revised Code 2929.28). Columbus, OH: Ohio State Legislature.

Non-Monogamous Families and the Law, Part 35: Summary of North Dakota Laws

Non-Monogamous Families and the Law, Part 35: Summary of North Dakota Laws

Adultery:

Adultery in North Dakota provides liability only to the offending spouse, not the external party, and can only be acted on by the offended spouse (North Dakota State Legislature, 2011g). Adultery is a class A misdemeanor (North Dakota State Legislature, 2011g), punishable by imprisonment up to 1 year, and a fine up to $2,000 (North Dakota State Legislature, 2011j). Escalating punishment for repeat offence, and some inchoate offences (facilitation and solicitation) do not apply, as those laws apply only to felonies (North Dakota State Legislature, 2011c; North Dakota State Legislature, 2011d; North Dakota State Legislature, 2011k). For the remaining inchoate offences, criminal accomplice, conspiracy and attempt, punishment is at the same level as adultery, a class A misdemeanor (North Dakota State Legislature, 2011a; North Dakota State Legislature, 2011b; North Dakota State Legislature, 2011e).

Though North Dakota’s fornication law only applies to sexual behavior in public places (North Dakota State Legislature, 2011f), there is another law that prevents “false representation of marital status” which has a fornication-like effect. If a couple lives “openly and notoriously” as if they were married, regardless of marital status, they are liable at the level of a class B misdemeanor (North Dakota State Legislature, 2011i), punishable by up to 30 days imprisonment and a fine up to $1,000 (North Dakota State Legislature, 2011j). Inchoate and repeat offence escalation apply in the same way as it would for adultery, with the applicable inchoate offences being at the class B misdemeanor level (North Dakota State Legislature, 2011a; North Dakota State Legislature, 2011b; North Dakota State Legislature, 2011c; North Dakota State Legislature, 2011d; North Dakota State Legislature, 2011e; North Dakota State Legislature, 2011k).

Bigamy:

Bigamy in North Dakota is specifically limited to actual marriages, without a cohabitation or purportation clause (North Dakota State Legislature, 2011h). It should be noted that the aforementioned “false representation of marital status” can double as a purportation/cohabitation clause for bigamy (North Dakota State Legislature, 2011i), and it will be treated as such for this analysis. Punishment for an actual bigamous marriage is at the class C felony level (North Dakota State Legislature, 2011h), with imprisonment up to 5 years and a fine up to $5,000 (North Dakota State Legislature, 2011j). Repeat offence escalation applies after the third offence, which extends the imprisonment to be up to 10 years (North Dakota State Legislature, 2011k).

Inchoate offences for an actual bigamous marriage apply in full, with criminal accomplice, conspiracy, solicitation, facilitation and attempt (North Dakota State Legislature, 2011a; North Dakota State Legislature, 2011b; North Dakota State Legislature, 2011c; North Dakota State Legislature, 2011d; North Dakota State Legislature, 2011e). Accomplice and conspiracy are at the same level, class C felony, as bigamy (North Dakota State Legislature, 2011a; North Dakota State Legislature, 2011e). Solicitation, facilitation and attempt are punishable as a class A misdemeanor, the same as adultery (North Dakota State Legislature, 2011b; North Dakota State Legislature, 2011c; North Dakota State Legislature, 2011d).

Because the cohabitation/purportation is punishable under North Dakota’s “false representation of marital status” law, its punishment is at the class B misdemeanor level(North Dakota State Legislature, 2011i). It should be noted that the individuals involved must not only be living together, but purport to be married, so both cohabitation and purportation clauses must be met to be liable (North Dakota State Legislature, 2011i).

Round-Up of Laws:

The odd combination of adultery and bigamy, with a modified cohabitation/purportation clause creates a strange liability web, with the lowest liability existing for unmarried cohabitants, then for dyadic non-monogamists, then the highest is for non-dyadics, albeit only because of the odd cohabitation/purportation found in the false representation law.

Non-Monogamous Strategies:

Because the false representation law only creates liability under cohabitation and purportation, changing living arrangements and public image control will reduce liability. Since adultery is limited to only internal action, keeping a stable non-monogamous family can eliminate the liability from adultery. Both of these strategies can effectively limit liability for non-monogamists to minimal levels.

References

North Dakota State Legislature. (2011a). Accomplices. (North Dakota Century Code 12.1-03-01). Bismarck, ND: North Dakota State Legislature.

North Dakota State Legislature. (2011b). Criminal attempt. (North Dakota Century Code 12.1-06-01). Bismarck, ND: North Dakota State Legislature.

North Dakota State Legislature. (2011c). Criminal facilitation. (North Dakota Century Code 12.1-06-02). Bismarck, ND: North Dakota State Legislature.

North Dakota State Legislature. (2011d). Criminal solicitation. (North Dakota Century Code 12.1-06-03). Bismarck, ND: North Dakota State Legislature.

North Dakota State Legislature. (2011e). Criminal conspiracy. (North Dakota Century Code 12.1-06-04). Bismarck, ND: North Dakota State Legislature.

North Dakota State Legislature. (2011f). Fornication. (North Dakota Century Code 12.1-20-08). Bismarck, ND: North Dakota State Legislature.

North Dakota State Legislature. (2011g). Adultery. (North Dakota Century Code 12.1-20-09). Bismarck, ND: North Dakota State Legislature.

North Dakota State Legislature. (2011h). Bigamy. (North Dakota Century Code 12.1-20-13). Bismarck, ND: North Dakota State Legislature.

North Dakota State Legislature. (2011i). False representation of marital status. (North Dakota Century Code 12.1-31-11). Bismarck, ND: North Dakota State Legislature.

North Dakota State Legislature. (2011j). Classification of offences – Penalties. (North Dakota Century Code 12.1-32-01). Bismarck, ND: North Dakota State Legislature.

North Dakota State Legislature. (2011k). Dangerous special offenders – Habitual offenders – Extended sentences – Procedures. (North Dakota Century Code 12.1-32-09). Bismarck, ND: North Dakota State Legislature.

Non-Monogamous Families and the Law, Part 34: Summary of North Carolina Laws

Author's Note:

Yes lads & gent's, that's right, posting in the middle of the week (-: I start winter break today, which means no work & no school for a few weeks, so I've got more time to really get this rolling. Expect a lot more updates over the next few days.

Also, with some states having some rather unique laws affecting non-monogamists, I've added a new section to my reviews. 'Other Related Laws'.

Enjoy!

- Jason

-------------------

Non-Monogamous Families and the Law, Part 34: Summary of North Carolina Laws

Adultery:

North Carolina contains both adultery and fornication laws (North Carolina State Legislature, 2011g). The laws affect both parties, and are liable as a class 2 misdemeanor (North Carolina State Legislature, 2011g), punishable by up to 30 days imprisonment and a fine up to $1,000 (North Carolina State Legislature, 2011k). Escalating punishments are applicable, with imprisonment extended up to 45 days for repeat offences up to the 4th repeat, and up to 60 days beyond that (North Carolina State Legislature, 2011k).

Unfortunately North Carolina law isn’t clear how all Inchoate laws apply, but both Solicitation and Attempt seem to apply at the class 3 misdemeanor level (North Carolina State Legislature, 2011b; North Carolina State Legislature, 2011c), punishable by up to 10 days, escalating to 15 and 20 days for repeats (North Carolina State Legislature, 2011k). Conspiracy doesn’t apply as adultery/fornication isn’t a felony (North Carolina State Legislature, 2011a). Though there are accessory laws, like with conspiracy, they don’t apply to adultery/fornication due to it not being a felony (North Carolina State Legislature, 2011d; North Carolina State Legislature, 2011e).

Bigamy:

Fortunately North Carolina bigamy law contains no purportation or cohabitation clause, however it is very specific to include any person “counseling, aiding or abetting” in a bigamous marriage within its liability (North Carolina State Legislature, 2011f). Bigamy is a class I felony (North Carolina State Legislature, 2011f), punishable by 4-6 months imprisonment, and an indeterminate fine (North Carolina State Legislature, 2011j). Escalation can extend imprisonment up to a maximum of 8-10 months for repeat offence (North Carolina State Legislature, 2011j).

Inchoate offences for bigamy apply in full, with conspiracy and attempt punishable at a class 1 misdemeanor level (North Carolina State Legislature, 2011a; (North Carolina State Legislature, 2011b), 1-45 days & indeterminate fine, escalation up to a max of 1-120 days for repeat (North Carolina State Legislature, 2011k), and solicitation at a class 2 misdemeanor level (North Carolina State Legislature, 2011c), 1-30 days, $1,000 fine, escalation up to 1-60 days for repeat (North Carolina State Legislature, 2011k). Accessory charges also apply, with before the fact being punishable at the same level (North Carolina State Legislature, 2011d), and after the fact being at the class 2 misdemeanor level (North Carolina State Legislature, 2011e).

Other Related Laws:

North Carolina also contains a law against men and women sharing a bedroom in a “hotel, public inn or boardinghouse for any immoral purpose.” (North Carolina State Legislature, 2011h) What defines immoral is indeterminate, however it can be assumed to extend the liability of adultery laws affecting non-monogamists. Additionally within the same law is a provision criminalizing the parties representing themselves as husband and wife, incorrectly, at the same locations (North Carolina State Legislature, 2011h). Punishment is at the class 2 misdemeanor level (North Carolina State Legislature, 2011h), and is the same as adultery/fornication.

Additionally there’s a law against “keeping a disorderly” or “bawdy” house (North Carolina State Legislature, 2011i), which is exceptionally vague. However the evidence that can be brought forth includes “general reputation or character” as well as “lewd, dissolute and boisterous conversation.” (North Carolina State Legislature, 2011i) This could be extended to non-dyadic households. Liability is at the class 2 misdemeanor level (North Carolina State Legislature, 2011i), same as adultery/fornication, however it is unclear if the homeowner or the resident is liable.

Round-Up of Laws:

With the adultery and fornication laws, even being unmarried doesn’t escape liability. The extensive inchoate laws also expand liability quite extensively through social networks, especially of polyamorous families. The addition of the sharing bedroom, married representation and disorderly house laws also expand liability, especially for non-dyadic non-monogamists who are most likely to face these laws. Thankfully there is no purportation or cohabitation clause in bigamy, sparing non-dyadic non-monogamous families the worst of bigamy liability.

Non-Monogamous Strategies:

Though there is no way to completely avoid liability, it can be minimized through not using inns, motels, etc with one’s partner(s), thus avoiding the room sharing and false representation laws. The disorderly/bawdy house law seems to be based on public reputation, so non-monogamists need to take extra care in how their public image is portrayed to avoid liability under this law.

References

North Carolina State Legislature. (2011a). Punishment for conspiracy to commit a felony. (North Carolina General Statutes 14-2.4). Raleigh, NC: North Carolina State Legislature.

North Carolina State Legislature. (2011b). Punishment for attempt to commit a felony or misdemeanor. (North Carolina General Statutes 14-2.5). Raleigh, NC: North Carolina State Legislature.

North Carolina State Legislature. (2011c). Punishment for solicitation to commit a felony or misdemeanor. (North Carolina General Statutes 14-2.6). Raleigh, NC: North Carolina State Legislature.

North Carolina State Legislature. (2011d). Accessory before fact punishable as principal felon. (North Carolina General Statutes 14-5.2). Raleigh, NC: North Carolina State Legislature.

North Carolina State Legislature. (2011e). Accessories after the fact; trial and punishment. (North Carolina General Statutes 14-7). Raleigh, NC: North Carolina State Legislature.

North Carolina State Legislature. (2011f). Bigamy. (North Carolina General Statutes 14-183). Raleigh, NC: North Carolina State Legislature.

North Carolina State Legislature. (2011g). Fornication and adultery. (North Carolina General Statutes 14-184). Raleigh, NC: North Carolina State Legislature.

North Carolina State Legislature. (2011h). Opposite sexes occupying same bedroom at hotel for immoral purposes; falsely registering as husband and wife. (North Carolina General Statutes 14-186). Raleigh, NC: North Carolina State Legislature.

North Carolina State Legislature. (2011i). Certain evidence relative to keepind disorderly houses admissible; keepers of such houses defined; punishment. (North Carolina General Statutes 14-188). Raleigh, NC: North Carolina State Legislature.

North Carolina State Legislature. (2011j). Punishment limits for each class of offence and prior record level. (North Carolina General Statutes 15A-1340.17). Raleigh, NC: North Carolina State Legislature.

North Carolina State Legislature. (2011k). Punishment limits for each class of offence and prior conviction level. (North Carolina General Statutes 15A-1340.23). Raleigh, NC: North Carolina State Legislature.

Non-Monogamous Families and the Law, Part 33: Summary of New York Laws

Non-Monogamous Families and the Law, Part 33: Summary of New York Laws

Adultery:

Though New York doesn’t have a fornication law, New York’s adultery law is applicable to both parties (New York State Legislature, 2011n). Adultery is considered a class B misdemeanor (New York State Legislature, 2011n) and punishable by up to 3 months imprisonment (New York State Legislature, 2011c) and a fine of up to $500 (New York State Legislature, 2011e). Escalating punishments for repeat offences cannot be identified, but inchoate laws apply, including attempt, conspiracy and solicitation (New York State Legislature, 2011f; New York State Legislature, 2011h; New York State Legislature, 2011j). Though New York has a criminal facilitation law, it only applies to felonies so is not applicable to adultery (New York State Legislature, 2011l). Punishment for attempt and conspiracy for adultery is at the same level as adultery (New York State Legislature, 2011h; New York State Legislature, 2011k). Punishment for solicitation is as a violation (New York State Legislature, 2011f), punishable by up to 15 days of imprisonment (New York State Legislature, 2011c) and a fine of up to $250 (New York State Legislature, 2011e). Additionally there is criminal liability, which takes effect when “acting…for the commission thereof, he solicits, requests, commands, importunes, or intentionally aides.” The liability is equal to adultery for criminal liability (New York State Legislature, 2011a).

Bigamy:

Bigamy in New York possesses a purportation clause, and affects both marryer and marryee (New York State Legislature, 2011m). Bigamy is a class E felony (New York State Legislature, 2011m), punishable by up to 4 years imprisonment (New York State Legislature, 2011b) and a fine of up to $5,000 (New York State Legislature, 2011d). Escalating punishment for repeat offence cannot be identified. Inchoate laws apply in full, including facilitation as bigamy is a felony (New York State Legislature, 2011g; New York State Legislature, 2011i; New York State Legislature, 2011j; New York State Legislature, 2011l). All inchoate offences for bigamy are considered to be a class A misdemeanor (New York State Legislature, 2011g; New York State Legislature, 2011i; New York State Legislature, 2011k; New York State Legislature, 2011l), punishable by up to 1 year imprisonment (New York State Legislature, 2011c), and a fine up to $1,000 (New York State Legislature, 2011e). Criminal liability also applies, at the same level as bigamy (New York State Legislature, 2011a).

Round-Up of Laws:

Due to the combination of adultery and purportation bigamy laws, non-monogamists are affected by the highest degree of general liability. A very large range of inchoate offences apply, so the entire family is culpable, as well as an expanded network outside of the family. Because of the lack of a fornication law, the lack of a marriage will negate all liability within the family.

Non-Monogamous Strategies:

Though New York laws are rather clear-cut, the purportation clause can be moderated by non-dyadic non-monogamists by maintaining a great deal of care over the public image of the family. Additionally, the lack of a legal marriage within the family will effectively eliminate the liability, and may be a viable option for some non-monogamous families.

References

New York State Legislature. (2011a). Criminal liability. (New York Consolidated Laws 20.00). Albany, NY: New York State Legislature.

New York State Legislature. (2011b). Sentence of imprisonment for felony. (New York Consolidated Laws 70.00). Albany, NY: New York State Legislature.

New York State Legislature. (2011c). Sentence of imprisonment for misdemeanors and violations. (New York Consolidated Laws 70.15). Albany, NY: New York State Legislature.

New York State Legislature. (2011d). Fine for felony. (New York Consolidated Laws 80.00). Albany, NY: New York State Legislature.

New York State Legislature. (2011e). Fines for misdemeanors and violations. (New York Consolidated Laws 80.05). Albany, NY: New York State Legislature.

New York State Legislature. (2011f). Criminal solicitation in the fifth degree. (New York Consolidated Laws 100.00). Albany, NY: New York State Legislature.

New York State Legislature. (2011g). Criminal solicitation in the fourth degree. (New York Consolidated Laws 100.05). Albany, NY: New York State Legislature.

New York State Legislature. (2011h). Conspiracy in the sixth degree. (New York Consolidated Laws 105.00). Albany, NY: New York State Legislature.

New York State Legislature. (2011i). Conspiracy in the fifth degree. (New York Consolidated Laws 105.05). Albany, NY: New York State Legislature.

New York State Legislature. (2011j). Attempt to commit a crime. (New York Consolidated Laws 110.00). Albany, NY: New York State Legislature.

New York State Legislature. (2011k). Attempt to commit a crime; punishment. (New York Consolidated Laws 110.05). Albany, NY: New York State Legislature.

New York State Legislature. (2011l). Criminal facilitation in the fourth degree. (New York Consolidated Laws 115.00). Albany, NY: New York State Legislature.

New York State Legislature. (2011m). Bigamy. (New York Consolidated Laws 255.15). Albany, NY: New York State Legislature.

New York State Legislature. (2011n). Adultery. (New York Consolidated Laws 255.17). Albany, NY: New York State Legislature.

Non-Monogamous Families and the Law, Part 32: Summary of New Mexico Laws

Non-Monogamous Families and the Law, Part 32: Summary of New Mexico Laws

Adultery:

New Mexico possesses no adultery or fornication laws, limiting liability for non-monogamists.

Bigamy:

New Mexico Bigamy possesses no cohabitation or purportation clause, though it does extend liability to both marryer and marryee (New Mexico State Legislature, 2011b). Bigamy is considered to be a fourth degree felony (New Mexico State Legislature, 2011b), punishable by 18 months of imprisonment and a fine up to $5,000 (New Mexico State Legislature, 2011f). The punishment for repeat offence is an additional year of imprisonment (New Mexico State Legislature, 2011g).

Inchoate offences apply with attempt, conspiracy and solicitation, with conspiracy and solicitation punishable at the same level as Bigamy, a fourth degree felony (New Mexico State Legislature, 2011d; New Mexico State Legislature, 2011e). Attempt is punishable as a misdemeanor (New Mexico State Legislature, 2011c), with imprisonment of up to “less than one year,” and a fine of up to $1,000 (New Mexico State Legislature, 2011h). Additionally, a person can be an accessory to bigamy if they “procures, counsels, aids or abets in its commission,” which is liable at the same punishment as bigamy (New Mexico State Legislature, 2011a).

Round-Up of Laws:

With the absence of adultery and the lack of cohabitation and purportation in bigamy, liability for non-monogamists is limited to actually possessing a bigamous marriage. In the event of having such a marriage the liability is broad due to inchoate laws.

Non-Monogamous Strategies:

Because of the limited liability for non-monogamists, simply not having a bigamous marriage can effectively eliminate liability in New Mexico.

References

New Mexico State Legislature. (2011a). Accessory. (New Mexico Statutes Annotated 1978 30-1-13). Santa Fe, NM: New Mexico State Legislature.

New Mexico State Legislature. (2011b). Bigamy. (New Mexico Statutes Annotated 1978 30-10-1). Santa Fe, NM: New Mexico State Legislature.

New Mexico State Legislature. (2011c). Attempt to commit a felony. (New Mexico Statutes Annotated 1978 30-28-1). Santa Fe, NM: New Mexico State Legislature.

New Mexico State Legislature. (2011d). Conspiracy. (New Mexico Statutes Annotated 1978 30-28-2). Santa Fe, NM: New Mexico State Legislature.

New Mexico State Legislature. (2011e). Criminal solicitation; penlty. (New Mexico Statutes Annotated 1978 30-28-3). Santa Fe, NM: New Mexico State Legislature.

New Mexico State Legislature. (2011f). Sentencing authority; noncapital felonies; basic sentences and fines; parole authority; meritorious deductions. (New Mexico Statutes Annotated 1978 31-18-15). Santa Fe, NM: New Mexico State Legislature.

New Mexico State Legislature. (2011g). Habitual offenders; alteration of basic sentence. (New Mexico Statutes Annotated 1978 31-18-17). Santa Fe, NM: New Mexico State Legislature.

New Mexico State Legislature. (2011h). Sentencing authority; misdemeanors; imprisonment and fines; probation. (New Mexico Statutes Annotated 1978 31-19-1). Santa Fe, NM: New Mexico State Legislature.

Non-Monogamous Families and the Law, Part 31: Summary of New Jersey Laws

Non-Monogamous Families and the Law, Part 31: Summary of New Jersey Laws

Adultery:

New Jersey has no adultery law, limiting liability to non-dyadic non-monogamists. There also does not appear to be a fornication law.

Bigamy:

New Jersey has a purportation clause in bigamy, and extends liability to both the marryer and marryee (New Jersey State Legislature, 2011d). Bigamy is considered to be a disorderly persons offence (New Jersey State Legislature, 2011d), and is punishable by up to 6 months imprisonment (New Jersey State Legislature, 2011f) and a fine of up to $1,000 (New Jersey State Legislature, 2011e). Inchoate attempt and conspiracy apply at the same level of liability that bigamy has (New Jersey State Legislature, 2011a; New Jersey State Legislature, 2011b; New Jersey State Legislature, 2011c). There does not appear to be repeat offences escalation for bigamy.

Round-Up of Laws:

With the absence of adultery laws, most dyadic non-monogamists have little liability. Non-dyadics do have a great deal of liability due to purportation as a part of New Jersey bigamy laws. Inchoate offences expand that liability to cover outside of the family as well.

Non-Monogamous Strategies:

With purportation in bigamy laws, non-dyadic non-monogamists can limit liability by practicing careful public image control. Avoidance of any multi-partner ceremony is recommended as well. This would limit liability immensely. Since no fornication law exists, not getting married at all can effectively eliminate such liability, even though the purportation clause is an ever-looming danger.

References

New Jersey State Legislature. (2011a). Criminal Attempt. (New Jersey Permanent Statutes 2C:5-1). Trenton, NJ: New Jersey State Legislature.

New Jersey State Legislature. (2011b). Conspiracy. (New Jersey Permanent Statutes 2C:5-2). Trenton, NJ: New Jersey State Legislature.

New Jersey State Legislature. (2011c). Grading of criminal attempt and conspiracy; mitigation in case of lesser degree. (New Jersey Permanent Statutes 2C:5-4). Trenton, NJ: New Jersey State Legislature.

New Jersey State Legislature. (2011d). Bigamy. (New Jersey Permanent Statutes 2C:24-1). Trenton, NJ: New Jersey State Legislature.

New Jersey State Legislature. (2011e). Fines and restitution. (New Jersey Permanent Statutes 2C:43-3). Trenton, NJ: New Jersey State Legislature.

New Jersey State Legislature. (2011f). Sentence of imprisonment for disorderly persons offences and petty disorderly persons offences. (New Jersey Permanent Statutes 2C:43-8). Trenton, NJ: New Jersey State Legislature.

Non-Monogamous Families and the Law, Part 30: Summary of New Hampshire Laws

Non-Monogamous Families and the Law, Part 30: Summary of New Hampshire Laws

Adultery:

Adultery is applicable to both parties, at the level of a class B misdemeanor (New Hampshire State Legislature, 2011e), punishable by a fine of up to $1,200, however no imprisonment (New Hampshire State Legislature, 2011f). Escalating punishment for repeat offences appears to not apply. Full inchoate laws apply, attempt, solicitation and conspiracy, and are punishable at the same level. New Hampshire appears to not have a fornication law (New Hampshire State Legislature, 2011a; New Hampshire State Legislature, 2011b; New Hampshire State Legislature, 2011c).

Bigamy:

Bigamy is only applicable to the marryer, and not the marryee (New Hampshire State Legislature, 2011d). There are no cohabitation and/or purportation clauses in bigamy (New Hampshire State Legislature, 2011d). Punishment is at the level of a class B felony (New Hampshire State Legislature, 2011d), with up to 7 years imprisonment and a fine of up to $4,000 (New Hampshire State Legislature, 2011f). Escalating punishment for repeat offences appears to not apply, however inchoate does with attempt, solicitation and conspiracy, liable at the same level as bigamy (New Hampshire State Legislature, 2011a; New Hampshire State Legislature, 2011b; New Hampshire State Legislature, 2011c).

Round–Up of Laws:

The combination of adultery and bigamy laws creates liability for both dyadic and non-dyadic non-monogamous families. The lack of laws against fornication does eliminate liability for families that do not possess a legal marriage. Inchoate laws do provide expanded liability for all individuals within the family, and potentially outside of the family.

Non-Monogamous Strategies:

Since New Hampshire’s laws are so straight-forward about adultery and bigamy, there is little that can be done to avoid liability, excepting to not possess a legal marriage.

References

New Hampshire State Legislature. (2011a). Attempt. (New Hampshire Revised Statutes 629:1). Concord, NH: New Hampshire State Legislature.

New Hampshire State Legislature. (2011b). Criminal Solicitation. (New Hampshire Revised Statutes 629:2). Concord, NH: New Hampshire State Legislature.

New Hampshire State Legislature. (2011c). Conspiracy. (New Hampshire Revised Statutes 629:3). Concord, NH: New Hampshire State Legislature.

New Hampshire State Legislature. (2011d). Bigamy. (New Hampshire Revised Statutes 639:1). Concord, NH: New Hampshire State Legislature.

New Hampshire State Legislature. (2011e). Adultery. (New Hampshire Revised Statutes 645:3). Concord, NH: New Hampshire State Legislature.

New Hampshire State Legislature. (2011f). Sentences and Limitations. (New Hampshire Revised Statutes 651:2). Concord, NH: New Hampshire State Legislature.

Non-Monogamous Families and the Law, Part 29: Summary of Nevada Laws

Non-Monogamous Families and the Law, Part 29: Summary of Nevada Laws

Adultery:

Nevada’s lack of adultery and fornication laws seriously eases liability for all non-monogamists.

Bigamy:

Nevada bigamy law doesn’t possess cohabitation or purportation clauses, but is applicable to both marryer and marryee (Nevada State Legislature, 2011e; Nevada State Legislature, 2011f). Bigamy is considered a class D felony (Nevada State Legislature, 2011e), punishable by imprisonment of 1 to 4 years, and a fine up to $5,000 (Nevada State Legislature, 2011a). Escalating punishment for repeat offence does apply. With the second offence being punishable by 5 to 20 years imprisonment, and the third being 25 years to life (Nevada State Legislature, 2011g).

Inchoate laws apply in the form of principals and accessories, which covers a similar liability spectrum as conspiracy and solicitation (Nevada State Legislature, 2011b; Nevada State Legislature, 2011c). Inchoate punishment is at a higher level than regular bigamy, a class C felony, punishable by 1 to 5 years imprisonment and a fine up to $10,000 (Nevada State Legislature, 2011d).

Summary of Laws:

The liability for non-monogamists in Nevada is extremely limited due to the lack of adultery/fornication and bigamy having no purportation/cohabitation clause. The only liability exists within an actual bigamous marriage in the non-monogamous family.

Non-Monogamous Strategies:

Because liability is limited to actual bigamous marriages, avoidance of actually marrying more than one person at a time (or marrying someone who’s married to such), will effectively eliminate liability under Nevada’s criminal laws.

References

Nevada State Legislature. (2011a). Categories and punishment of felonies. (Nevada Revised Statutes 193.130). Carson City, NV: Nevada State Legislature.

Nevada State Legislature. (2011b). Principals. (Nevada Revised Statutes 195.020). Carson City, NV: Nevada State Legislature.

Nevada State Legislature. (2011c). Accessories. (Nevada Revised Statutes 195.030). Carson City, NV: Nevada State Legislature.

Nevada State Legislature. (2011d). Trial and punishment of accessories. (Nevada Revised Statutes 195.040). Carson City, NV: Nevada State Legislature.

Nevada State Legislature. (2011e). Bigamy: Definitions; penalty. (Nevada Revised Statutes 201.160). Carson City, NV: Nevada State Legislature.

Nevada State Legislature. (2011f). Marrying person already married; penalty. (Nevada Revised Statutes 201.170). Carson City, NV: Nevada State Legislature.

Nevada State Legislature. (2011g). Habitual criminals: Definitions; punishment. (Nevada Revised Statutes 207.010). Carson City, NV: Nevada State Legislature.

Non-Monogamous Families and the Law, Part 28: Summary of Nebraska Laws

Non-Monogamous Families and the Law, Part 28: Summary of Nebraska Laws

Adultery:

Nebraska lacks adultery and fornication laws. Liability for dyadic non-monogamists is reduced immensely because of this, and liability for non-dyadics is lessened.

Bigamy:

Bigamy is Nebraska contains no purportation of cohabitation clause (Nebraska State Legislature, 2011h). Liability is extended to both marryer and marryee, with Bigamy considered a class I misdemeanor (Nebraska State Legislature, 2011h), punishable by up to 1 year imprisonment and a fine up to $1,000 (Nebraska State Legislature, 2011a).Esclating punishment doesn’t apply as bigamy isn’t a felony (Nebraska State Legislature, 2011i).

Though Nebraska has a slew of inchoate charges, not all of them apply. Most, including conspiracy, are only applicable to felonies (Nebraska State Legislature, 2011c; Nebraska State Legislature, 2011d; Nebraska State Legislature, 2011e; Nebraska State Legislature, 2011g). The two that are applicable are aiding & abetting and attempt (Nebraska State Legislature, 2011b; Nebraska State Legislature, 2011f). Aiding and abetting’s liability is the same as bigamy (Nebraska State Legislature, 2011f), and attempt applies at a class II misdemeanor, punishable by up to 6 months imprisonment and a fine up to $1,000 (Nebraska State Legislature, 2011b).

Summary of Laws:

The absence of adultery/fornication and a bigamy law without purportation/cohabitation seriously eases liability for all non-monogamists, creating liability only with the existence of a bigamous marriage. The lack of extensive inchoate liability and escalating punishment liability also eases overall liability.

Non-Monogamous Strategies:

Since the only liability that non-monogamous families posess in Nebraska is from the lax bigamy law, the only strategy is to avoid having a bigamous marriage. In doing so, liability in Nebraska is avoided.

References

Nebraska State Legislature. (2011a). Misdemeanors; classification of penalties; sentences; where served. (Nebraska Revised Statutes 28-106). Lincoln, NE: Nebraska State Legislature.

Nebraska State Legislature. (2011b). Criminal attempt; conduct; penalties. (Nebraska Revised Statutes 28-201). Lincoln, NE: Nebraska State Legislature.

Nebraska State Legislature. (2011c). Conspiracy; defined; penalty. (Nebraska Revised Statutes 28-202). Lincoln, NE: Nebraska State Legislature.

Nebraska State Legislature. (2011d). Accessory to felony; defined; penalties. (Nebraska Revised Statutes 28-204). Lincoln, NE: Nebraska State Legislature.

Nebraska State Legislature. (2011e). Aiding consummation of felony; penalty. (Nebraska Revised Statutes 28-205). Lincoln, NE: Nebraska State Legislature.

Nebraska State Legislature. (2011f). Prosecuting for aiding and abetting. (Nebraska Revised Statutes 28-206). Lincoln, NE: Nebraska State Legislature.

Nebraska State Legislature. (2011g). Compounding a felony; defined; penalty. (Nebraska Revised Statutes 28-301). Lincoln, NE: Nebraska State Legislature.

Nebraska State Legislature. (2011h). Bigamy; penalty; exception. (Nebraska Revised Statutes 28-701). Lincoln, NE: Nebraska State Legislature.

Nebraska State Legislature. (2011i). Habitual criminal, defined; procedure for determination; hearing; penalties; effect of pardon. (Nebraska Revised Statutes 29-2221). Lincoln, NE: Nebraska State Legislature.

Non-Monogamous Families and the Law, Part 27: Summary of Montana Laws

Author's Note:

I know the last two have been really short. Missouri and Montana's laws have been really simple, and I've gone over the nitty-gritty details so many times in previous posts... Simply put I'd be re-hashing details that I've gone over, and that I'll go back to when I do my consolidated paper.

- Jason

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Non-Monogamous Families and the Law, Part 27: Summary of Montana Laws

Adultery:

Montana has no adultery or fornication laws, lowering liability for non-monogamists.

Bigamy:

Montana does contain a purportation clause for bigamy (Montana State Legislature, 2011d), extending liability for non-dyadic non-monogamists. Liability exists for both marryer and marryee, with punishment of up to 6 months imprisonment and a fine up to $500 (Montana State Legislature, 2011d; Montana State Legislature, 2011e). Escalation to repeat offences does not appear to apply. Inchoate applies with conspiracy, solicitation and attempt, liable at the same level as bigamy (Montana State Legislature, 2011a; Montana State Legislature, 2011b; Montana State Legislature, 2011c).

Roundup of Laws:

The absence of adultery and fornication laws makes liability for dyadic non-monogamists almost nonexistent. Purportation in the bigamy law creates hefty liability for non-dyadic non-monogamists that have a legal marriage, however.

Non-Monogamous Strategies:

Since liability exists mainly for non-dyadic non-monogamists through bigamy purportation, lacking a marriage would avoid liability altogether. If a marriage is unavoidable, then careful control over the family’s public image is a necessity to minimize liability.

References

Montana State Legislature. (2011a). Solicitation. (Montana Code Annotated 45-4-101). Helena, MT: Montana State Legislature.

Montana State Legislature. (2011b). Conspiracy. (Montana Code Annotated 45-4-102). Helena, MT: Montana State Legislature.

Montana State Legislature. (2011c). Attempt. (Montana Code Annotated 45-4-103). Helena, MT: Montana State Legislature.

Montana State Legislature. (2011d). Bigamy. (Montana Code Annotated 45-5-611). Helena, MT: Montana State Legislature.

Montana State Legislature. (2011e). Marrying a bigamist. (Montana Code Annotated 45-5-612). Helena, MT: Montana State Legislature.

Non-Monogamous Families and the Law, Part 26: Summary of Missouri Laws

Non-Monogamous Families and the Law, Part 26: Summary of Missouri Laws

Adultery:

Missouri has no adultery or fornication law, thus limiting liability for all forms of non-monogamy.

Bigamy:

Missouri does have a purportation clause for bigamy (Missouri State Legislature, 2011f), increasing liability for non-dyadic non-monogamies. Liability extends to both marryer and marryee, and is considered a class A misdemeanor (Missouri State Legislature, 2011f), punishable by up to one year imprisonment (Missouri State Legislature, 2011a) and a fine up to $1,000 (Missouri State Legislature, 2011c). Though there is a category for repeat offences, it does not appear to have any effect as bigamy is a misdemeanor, not a felony (Missouri State Legislature, 2011b).

Both conspiracy and attempt apply for bigamy (Missouri State Legislature, 2011d; Missouri State Legislature, 2011e), extending liability; however conspiracy and attempt for bigamy are considered a class C misdemeanor (Missouri State Legislature, 2011d; Missouri State Legislature, 2011e), punishable by up to 15 days imprisonment (Missouri State Legislature, 2011a) and a fine up to $300 (Missouri State Legislature, 2011c).

Roundup of Laws:

Due to the absence of adultery and fornication laws, dyadic non-monogamists in Missouri encounter minimal liability. Non-dyadic non-monogamists, however, run into problems with the purportation clause in Missouri’s bigamy law. Because bigamy isn’t a felony the liability isn’t as severe as in most other states.

Non-monogamous strategies:

The lack of adultery and fornication laws, and the purportation clause in bigamy, makes it possible to avoid all liability by not actually having a marriage. It is unclear whether or not ceremonial marriages are included in this, however. In the event a legal marriage is unavoidable, non-dyadic non-monogamists would need to take care about how their relationship is publicly portrayed, as the appearance of a bigamous marriage is enough to create liability.

References

Missouri State Legislature. (2011a). Sentence of imprisonment, terms – conditional release. (Missouri Revised Statutes 558.011). Jefferson City, MO: Missouri State Legislature.

Missouri State Legislature. (2011b). Extended terms for recidivism – definitions – persistent misdemeanor offender. (Missouri Revised Statutes 558.016). Jefferson City, MO: Missouri State Legislature.

Missouri State Legislature. (2011c). Fines for misdemeanors and infractions. (Missouri Revised Statutes 560.016). Jefferson City, MO: Missouri State Legislature.

Missouri State Legislature. (2011d). Attempt. (Missouri Revised Statutes 564.001). Jefferson City, MO: Missouri State Legislature.

Missouri State Legislature. (2011e). Conspiracy. (Missouri Revised Statutes 564.016). Jefferson City, MO: Missouri State Legislature.

Missouri State Legislature. (2011f). Bigamy. (Missouri Revised Statutes 568.010). Jefferson City, MO: Missouri State Legislature.

Non-Monogamous Families and the Law, Part 25: Summary of Mississippi Laws

Author's Note:

Ok, the child-outside-of-marriage law was a surprise... I thought by now I had covered most of the obscure laws that could crop up, but that one caught me off-guard. Opens up some interesting new directions on this research, depending on how wide-spread that kind of law is.

- Jason

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Non-Monogamous Families and the Law, Part 25: Summary of Mississippi Laws

Adultery:

Mississippi’s adultery law applies to both parties, possesses both internal and external liability, and extends to fornication outside of marriage (Mississippi State Legislature, 2011f), extending liability even to those non-monogamists who are not legally married. Adultery charges can only be brought with “habitual sexual intercourse” and not as a 1-time event (Mississippi State Legislature, 2011f). The punishment is up to 6 months imprisonment and up to $500 in a fine (Mississippi State Legislature, 2011f). Escalating punishment for repeat offence doesn’t apply as adultery isn’t a felony offence (Mississippi State Legislature, 2011a; Mississippi State Legislature, 2011j). Inchoate offences apply with conspiracy and with attempt, with attempt having the same level of liability as adultery, and conspiracy with an ambiguous punishment that is assumed to be comparable (Mississippi State Legislature, 2011b; Mississippi State Legislature, 2011e).

Bigamy:

Bigamy in Mississippi doesn’t include a cohabitation or purportation clause, limiting liability for non-dyadic non-monogamies (Mississippi State Legislature, 2011h). Liability extends to both marryer and marryee, with punishment being imprisonment for up to 10 years (Mississippi State Legislature, 2011h). Because bigamy is a felony in Mississippi (Mississippi State Legislature, 2011a), escalating punishment for repeat offence is applicable, however it simply maximizes the term to be an absolute 10 years, instead of being up to (Mississippi State Legislature, 2011j).

Inchoate attempt applies the same as with with adultery, being at the same 10 year level (Mississippi State Legislature, 2011e). Conspiracy is liable for up to 5 years imprisonment and up to $5,000 fine (Mississippi State Legislature, 2011b). Additionally, because bigamy is a felony, accessory before/after the fact is applicable, with accessory before the fact being liable at the same 10 year level, and after the fact being liable for up to 5 years imprisonment and a fine up to $1,000 (Mississippi State Legislature, 2011c; Mississippi State Legislature, 2011d).

There is also a law against teaching of polygamy (Mississippi State Legislature, 2011i). Though polygamy is specifically named, this could be expanded to cover other forms of non-monogamy, especially non-dyadic non-monogamies. Punishment for teaching polygamy is imprisonment for 1-6 months and/or a fine of $25-$500 (Mississippi State Legislature, 2011i).

Lastly, there is a law against having children outside of marriage (Mississippi State Legislature, 2011g). The first offence of such is imprisonment for 30-90 days, and a fine of up to $250. Subsequent offences are liable for 3-6 months of imprisonment and a fine of up to $500 (Mississippi State Legislature, 2011g).

Round-Up of Laws:

Beyond the expected liability of having both adultery and bigamy laws, the law against teaching polygamy could be applied more broadly to affect those conversations about other forms of non-monogamy, extending liability through whole communities.

Also, the law against having children outside of marriage can have drastic impacts on non-dyadic non-monogamous families that choose to have children, providing extra liability depending on who the birth parents are.

Because of the need for habitual sexual intercourse, certain forms of dyadic non-monogamy are less liable under this law. For example, swingers and/or open relationships that do not have regular external partners.

Non-Monogamous Strategies:

Unfortunately the liability from both adultery and bigamy is largely unavoidable, beyond exploiting adultery’s requirement or habitual sex. This would demand that only dyadic non-monogamists without regular external partners could avoid this. This, however, is not feasible for a large bulk of non-monogamists. Because of the fornication built into the adultery law, lacking a legal marriage is not a method of avoiding the adultery law either.

Also, the types of conversations and discussions that are common-place in non-monogamous relationships are likely liable under the anti-teaching law, means there’s an excess of liability for non-monogamists.

The one law that can be worked around is the child-outside-of-marriage law, which only affects non-monogamous families looking to have children. In these cases, having a legal marriage between the two biological parents of the child allows liability under this law to be avoided.

References

Mississippi State Legislature. (2011a). Felony. (Mississippi Code of 1972 1-3-11). Jackson, MS: Mississippi State Legislature.

Mississippi State Legislature. (2011b). Conspiracy. (Mississippi Code of 1972 97-1-1). Jackson, MS: Mississippi State Legislature.

Mississippi State Legislature. (2011c). Accessories before the fact. (Mississippi Code of 1972 97-1-3). Jackson, MS: Mississippi State Legislature.

Mississippi State Legislature. (2011d). Accessories after the fact. (Mississippi Code of 1972 97-1-5). Jackson, MS: Mississippi State Legislature.

Mississippi State Legislature. (2011e). Attempt to commit offence; punishment. (Mississippi Code of 1972 97-1-7). Jackson, MS: Mississippi State Legislature.

Mississippi State Legislature. (2011f). Adultery and fornication; unlawful cohabitation. (Mississippi Code of 1972 97-29-1). Jackson, MS: Mississippi State Legislature.

Mississippi State Legislature. (2011g). Illegitimate children; person becoming a natural parent of second illegitimate child; jurisdiction. (Mississippi Code of 1972 97-29-11). Jackson, MS: Mississippi State Legislature.

Mississippi State Legislature. (2011h). Bigamy; definitions; penalty. (Mississippi Code of 1972 97-29-13). Jackson, MS: Mississippi State Legislature.

Mississippi State Legislature. (2011i). Polygamy; teaching of. (Mississippi Code of 1972 97-29-43). Jackson, MS: Mississippi State Legislature.

Mississippi State Legislature. (2011j). Sentencing of habitual criminals to maximum term of imprisonment. (Mississippi Code of 1972 99-19-81. Jackson, MS: Mississippi State Legislature.

Non-Monogamous Families and the Law, Part 24: Summary of Minnesota Laws

Author's Note:

Happy turkey day!

Bummed about the Canadian Supreme Court ruling, but oh well, I'm not surprised... Look it up if you're interested in my work, it's rather important stuff.

- Jason

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Non-Monogamous Families and the Law, Part 24: Summary of Minnesota Laws

Adultery:

Minnesota’s adultery law applies to both parties in adultery (Minnesota State Legislature, 2011d). Although charges can only be brought by the offended spouse (internal liability), there is an exception if that spouse is deemed insane (Minnesota State Legislature, 2011d), which could open up external liability. Punishment is imprisonment for up to one year and a fine of up to $3,000 (Minnesota State Legislature, 2011d).

Additionally Minnesota has a fornication law that applies to any case of any man sleeping with a “single” (assumed to mean unmarried) woman (Minnesota State Legislature, 2011c). Fornication is not limited to internal liability and is punishable by up to 90 days of imprisonment and a fine of up to $1,000 (Minnesota State Legislature, 2011a; Minnesota State Legislature, 2011c).

Inchoate attempt and conspiracy apply, with solicitation absent, though covered by most situations through conspiracy(Minnesota State Legislature, 2011b; Minnesota State Legislature, 2011e). Attempt and conspiracy are punishable for adultery at up to 6 months imprisonment and a fine up to $1,500 (Minnesota State Legislature, 2011b; Minnesota State Legislature, 2011e). Attempt with fornication is punishable with up to 90 days imprisonment and up to $500 fine (Minnesota State Legislature, 2011b), and conspiracy with fornication lowers the maximum fine to $300 (Minnesota State Legislature, 2011e).

Bigamy:

Bigamy in Minnesota possesses a cohabitation clause that is worded in such a way to only apply to out-of-state marriages and cohabitation with a third party(Minnesota State Legislature, 2011f). The punishment for bigamy is up to 5 years imprisonment and a fine of up to $10,000 (Minnesota State Legislature, 2011f). Attempt and conspiracy also apply to bigamy, at up to 2.5 years imprisonment and up to $5,000 fine (Minnesota State Legislature, 2011b; Minnesota State Legislature, 2011e).

Round-Up of Laws:

Due to adultery having, mainly, internal liability only, and the existence of fornication laws, liability extends largely to unmarried non-monogamous families. Bigamy extends larger liabilities to non-dyadic families too, through the cohabitation clause. Married dyadic families aren’t exempt from liability however; males in such families are liable under the fornication law if they are involved with unmarried women. This liability extends to non-0dyadic families too, where a 2 woman-1 man triad that contains a legal marriage with one of the men would have liability between the married man and the unmarried woman in the triad, as well as through bigamy cohabitation.

Non-Monogamous Strategies:

Since the party with the least liability is married dyadic families, these families are the most favored in Minnesota, with a mono-nonmono relationship where the man is monogamous being the least liable of all, since fornication is only applicable with an unmarried woman.

Non-dyadic families need to be careful because of the cohabitation clause, even though it only applies to out-of-state marriages. Co-Habitation arrangements should be made with care, if at all.

For unmarried non-monogamous families, there is almost always going to be some degree of liability under fornication.

References

Minnesota State Legislature. (2011a). Punishment when not otherwise fixed. (Minnesota Statute 609.03). St. Paul, MN: Minnesota State Legislature.

Minnesota State Legislature. (2011b). Attempts. (Minnesota Statute 609.17). St. Paul, MN: Minnesota State Legislature.

Minnesota State Legislature. (2011c). Fornication. (Minnesota Statute 609.34). St. Paul, MN: Minnesota State Legislature.

Minnesota State Legislature. (2011d). Adultery. (Minnesota Statute 609.36). St. Paul, MN: Minnesota State Legislature.

Minnesota State Legislature. (2011e). Conspiracy. (Minnesota Statute 609.175). St. Paul, MN: Minnesota State Legislature.

Minnesota State Legislature. (2011f). Bigamy. (Minnesota Statute 609.335). St. Paul, MN: Minnesota State Legislature.

Non-Monogamous Families and the Law, Part 23: Summary of Michigan Laws

Author's Note:

Firstly, I apologize for not getting this up over the weekend, totally my fault, bad time management combined with some laziness.

Secondly, this review doesn't come close to really covering the complexity of Michigan's criminal laws. It's, to put it simply, a mess, and I can't really say I'm completely confident of my assessment here. If anyone has feedback where I can improve on this, please...

- Jason

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Non-Monogamous Families and the Law, Part 23: Summary of Michigan Laws

Adultery:

Adultery in Michigan creates liability for both involved parties (Michigan State Legislature, 2011a); however, that liability is severely limited as adultery charges can only be brought up by the other spouse (Michigan State Legislature, 2011c), thus creating an internal liability only. Punishment is up to 1 month imprisonment though repeat offences and mitigating circumstances can dramatically increase that to up to 17 months (Michigan State Legislature, 2011c; Michigan State Legislature, 2011o; Michigan State Legislature, 2011q; Michigan State Legislature, 2011r).

Inchoate laws apply to varying degrees. Conspiracy is liable with up to 1 year of imprisonment and up to $1,000 fine (Michigan State Legislature, 2011f). Solicitation and attempt are liable for up to 15 days imprisonment and up to $1,000 fine (Michigan State Legislature, 2011e; Michigan State Legislature, 2011g).

Additionally, Michigan laws include both lewd & lascivious behavior (Michigan State Legislature, 2011h), and gross indecency (Michigan State Legislature, 2011i; Michigan State Legislature, 2011j; Michigan State Legislature, 2011k), which affects unmarried individuals. Punishment for lewd & lascivious is up to one year imprisonment or up to $1,000 fine (Michigan State Legislature, 2011h). Punishment for gross indecency is up to 5 years imprisonment or up to $2,500 fine (Michigan State Legislature, 2011i; Michigan State Legislature, 2011j; Michigan State Legislature, 2011k). Inchoate laws apply here as well, with solicitation and attempt having up to 6 months imprisonment and $1,000 fine (Michigan State Legislature, 2011f), and conspiracy having up to 1 year and up to $1,000 fine (Michigan State Legislature, 2011e; Michigan State Legislature, 2011g). Neither of these are internally liable only.

Bigamy:

Though Michigan bigamy laws (referred to in the laws as polygamy) do reference co-habitation, it is in reference to bigamous marriage and doesn’t apply like a regular co-habitation clause (Michigan State Legislature, 2011l). Co-Habitation of this manner is identical to bigamy without purportation or co-habitation clauses. Liability exists for both marryer and marryee (Michigan State Legislature, 2011l; Michigan State Legislature, 2011m), with punishment being the same as adultery: up to 1 month imprisonment, with escalating punishment and inchoate offences applying the same as well (Michigan State Legislature, 2011p; Michigan State Legislature, 2011q; Michigan State Legislature, 2011r).

In addition, Michigan has a law that will add liability for any divorced person to co-habit with another at the same liability as bigamy (Michigan State Legislature, 2011d). There is also a law against “teaching, soliciting and advocating the practice of polygamy,” also punishable in the same way as adultery/bigamy (Michigan State Legislature, 2011n).

Round-Up of Laws:

Due to the rather bizarre mix of laws that Michigan has, and the varying degrees of punishment, Michigan’s impact on non-monogamists is confusing at best. Adultery is only internally liable, but other similar laws, lewd & lascivious and gross indecency, are not limited in the same way. Lewd and lascivious is only applicable outside of a legal marriage, and gross indecency is applicable regardless. Exact definitions are lacking for lewd & lascivious and gross indecency, however it can be inferred that lewd & lascivious specifically refers to being unmarried and co-habiting with an unmarried partner, and that gross indecency is anything that falls outside the sexual norm. This creates a huge liability for any and all non-monogamists because of the severe punishment for gross indecency (5 years/$2,500), as well as creating a power inequity within the relationship due to the internal-only nature of the adultery laws.

Bigamy laws in Michigan are, surprisingly, very docile compared to the laws in the adultery category. The inclusion of the divorced co-habiting law and the teaching law increase liability, but with punishment being a paltry 1 month it’s almost laughable. The teaching law is of notable concern, as even discussing polyamory could fall into liability under this law.

Inchoate laws provide the expected range of extended liability, at a surprisingly higher level in the case of conspiracy, and the escalating punishment for repeat/mitigating offences can push both adultery and bigamy into the +1 year imprisonment range.

Non-Monogamous Strategies:

With the complexity of Michigan’s laws around non-monogamy, the strategies are equally as complex. Surprisingly there’s *less* liability being non-monogamous within a legal marriage in Michigan than there is being unmarried, since adultery is only internally liable. This is largely negated by the gross indecency laws and their severe punishment however.

The teaching law is a challenging one to avoid, as it effectively eliminates the capacity to communicate about anything non-monogamous in an open and free way. This law is very 1984-ish in how it limits open communication, and is the law in most danger of affecting the repeat offences escalations and causing greater punishments for other laws. Beyond showing extreme discretion in communicating about non-monogamy issues, there’s little that can be done to avoid this liability.

References

Michigan State Legislature. (2011a). Adultery; definitions. (Michigan Code 750.29). Lansing, MI: Michigan State Legislature.

Michigan State Legislature. (2011b). Adultery; punishment. (Michigan Code 750.30). Lansing, MI: Michigan State Legislature.

Michigan State Legislature. (2011c). Adultery; complaint and time of prosecution. (Michigan Code 750.31). Lansing, MI: Michigan State Legislature.

Michigan State Legislature. (2011d). Adultery; cohabitation of divorced parties. (Michigan Code 750.32). Lansing, MI: Michigan State Legislature.

Michigan State Legislature. (2011e). Attempt to commit a crime. (Michigan Code 750.92). Lansing, MI: Michigan State Legislature.

Michigan State Legislature. (2011f). Conspiracy to commit offense or legal act in illegal manner; penalty. (Michigan Code 750.157a). Lansing, MI: Michigan State Legislature.

Michigan State Legislature. (2011g). Solicitation to commit murder or felony; penalty; affirmative defense. (Michigan Code 750.157b). Lansing, MI: Michigan State Legislature.

Michigan State Legislature. (2011h). Lewd and lascivious cohabitation and gross lewdness. (Michigan Code 750.335). Lansing, MI: Michigan State Legislature.

Michigan State Legislature. (2011i). Gross indecency; between male persons. (Michigan Code 750.338). Lansing, MI: Michigan State Legislature.

Michigan State Legislature. (2011j). Gross indecency; between female persons. (Michigan Code 750.338a). Lansing, MI: Michigan State Legislature.

Michigan State Legislature. (2011k). Gross indecency; between male and female persons. (Michigan Code 750.29). Lansing, MI: Michigan State Legislature.

Michigan State Legislature. (2011l). Polygamy; definition; felony. (Michigan Code 750.439). Lansing, MI: Michigan State Legislature.

Michigan State Legislature. (2011m). Knowingly marrying one to whom marriage is prohibited; felony. (Michigan Code 750.440). Lansing, MI: Michigan State Legislature.

Michigan State Legislature. (2011n). Teaching, soliciting and advocating polygamy; felony. (Michigan Code 750.441). Lansing, MI: Michigan State Legislature.

Michigan State Legislature. (2011o). MCL 750.13 to 750.32; felonies to which chapter applicable. (Michigan Code 777.16a). Lansing, MI: Michigan State Legislature.

Michigan State Legislature. (2011p). MCL 750.422 to 750.441; felonies to which chapter applicable. (Michigan Code 750.29). Lansing, MI: Michigan State Legislature.

Michigan State Legislature. (2011q). Minimum sentence range; determination. (Michigan Code 777.21). Lansing, MI: Michigan State Legislature.

Michigan State Legislature. (2011r). Minimum sentence ranges for class H. (Michigan Code 777.69). Lansing, MI: Michigan State Legislature.

Non-Monogamous Families and the Law, Part 22: Summary of Massachusetts Laws

Non-Monogamous Families and the Law, Part 22: Summary of Massachusetts Laws

Adultery:

Massachusetts adultery law impacts both parties to adultery, with a punishment of up to 3 years imprisonment or a fine of up to $500 (Massachusetts State Legislature, 2011a). In addition, Massachusetts has laws against fornication (Massachusetts State Legislature, 2011d), and lewd & lascivious behavior (Massachusetts State Legislature, 2011c), which extends liability to non-married individuals. Lewd & lascivious behavior is punishable at the same level as adultery (Massachusetts State Legislature, 2011c), where fornication is punishable by up to three months imprisonment or a fine of up to $30 (Massachusetts State Legislature, 2011d). Unfortunately Massachusetts doesn’t define fornication, creating a rather vague law (Massachusetts State Legislature, 2011d). In addition lewd & lascivious behavior is only applicable if it is “open and gross,” (Massachusetts State Legislature, 2011c) which is equally as vague as fornication.

For the purposes of this assessment, it is assumed that lewd and lascivious behavior is applicable in cases where the family is public about their non-monogamy, and fornication is applicable in cases where they are not, but found out to be non-monogamous. Though Massachusetts law on repeat offenders is applicable, it only mandates the maximum sentence for repeat offences, which does not extend the existing liability (Massachusetts State Legislature, 2011i).

Inchoate offences are applicable to adultery as well, though Massachusetts has somewhat different inchoate laws than most stated. For Massachusetts the inchoate laws are: accessory before/after the fact (Massachusetts State Legislature, 2011e; Massachusetts State Legislature, 2011f), aiding (Massachusetts State Legislature, 2011e), attempt (Massachusetts State Legislature, 2011g) and conspiracy (Massachusetts State Legislature, 2011h). Despite the differences, the level of situations covered by this range of inchoate offences is comparable to most other state’s inchoate laws. Punishment for inchoate offences is mostly at the same level as adultery, with aiding, accessory before/after and conspiracy being the same liability (Massachusetts State Legislature, 2011e; Massachusetts State Legislature, 2011f; Massachusetts State Legislature, 2011h), and attempt being imprisonment of up to 1 year or a fine of up to $300 (Massachusetts State Legislature, 2011g). Lewd & lascivious behavior and fornication hold the same inchoate liability (Massachusetts State Legislature, 2011e; Massachusetts State Legislature, 2011f; Massachusetts State Legislature, 2011g; Massachusetts State Legislature, 2011h).

Bigamy:

Massachusetts bigamy law is only applicable to the marryer (Massachusetts State Legislature, 2011b). There is also a cohabitation reference in the law, but it’s worded to only be applicable with cohabitation with a “second husband or wife.” (Massachusetts State Legislature, 2011b) For the purposes of this assessment it is assumed that a legal marriage must exist between cohabitants to be liable under bigamy in Massachusetts, effectively making it the same as regular bigamy laws.

Bigamy is punishable by imprisonment of up to 5 years or a fine of up to $500 (Massachusetts State Legislature, 2011b). Similarly to adultery, escalating punishment for repeat offences applies, but doesn’t actually increase the total liability (Massachusetts State Legislature, 2011i). Inchoate offences also apply the same, with the exception of attempt. Aiding, accessory before/after and conspiracy still provide the same liability as bigamy (Massachusetts State Legislature, 2011e; Massachusetts State Legislature, 2011f; Massachusetts State Legislature, 2011h). Attempt, however is punishable with imprisonment of up to 2.5 year (Massachusetts State Legislature, 2011g).

Round-Up of Laws:

The adultery law creates liability for all forms of non-monogamy, with the lewd & lascivious behavior and fornication laws creating additional liability outside of marriage. The punishment is also unusually high for adultery, comparable to the bigamy law. The extensive inchoate offences also provide a full range of liability for anyone involved in the relationship.

Non-Monogamous Strategies:

Unfortunately there is no way to fully avoid liability. The best that can be had is by not possessing a legal marriage and to be discrete about the non-monogamous relationship, thereby being liable only under fornication laws.

References

Massachusetts State Legislature. (2011a). Adultery. (Massachusetts General Laws IV.I.272.14). Boston, MA: Massachusetts State Legislature.

Massachusetts State Legislature. (2011b). Polygamy. (Massachusetts General Laws IV.I.272.15). Boston, MA: Massachusetts State Legislature.

Massachusetts State Legislature. (2011c). Open and gross lewdness and lascivious behavior. (Massachusetts General Laws IV.I.272.16). Boston, MA: Massachusetts State Legislature.

Massachusetts State Legislature. (2011d). Fornication. (Massachusetts General Laws IV.I.272.18). Boston, MA: Massachusetts State Legislature.

Massachusetts State Legislature. (2011e). Aiders; accessories before the fact; punishment. (Massachusetts General Laws IV.I.274.2). Boston, MA: Massachusetts State Legislature.

Massachusetts State Legislature. (2011f). Accessories after the fact; punishment; relationship as defense; cross-examination; impeachment. (Massachusetts General Laws IV.I.274.4). Boston, MA: Massachusetts State Legislature.

Massachusetts State Legislature. (2011g). Attempts to commit crimes; punishment. (Massachusetts General Laws IV.I.274.6). Boston, MA: Massachusetts State Legislature.

Massachusetts State Legislature. (2011h). Conspiracy; penalties. (Massachusetts General Laws IV.I.274.7). Boston, MA: Massachusetts State Legislature.

Massachusetts State Legislature. (2011i). Punishment for habitual criminals. (Massachusetts General Laws IV.II.279.25). Boston, MA: Massachusetts State Legislature.