Saturday, October 29, 2011

Non-Monogamous Families and the Law, Part 13: Summary of Kansas Laws

Non-Monogamous Families and the Law, Part 13: Summary of Kansas Laws

Adultery:

Kansas adultery law extends to both participants of the adultery, not just the married individual (Kansas State Legislature, 2011d). Punishment includes up to one month of imprisonment (Kansas State Legislature, 2011g) or a fine up to $500 (Kansas State Legislature, 2011h), with no escalating penalties existing for adultery. Though attempt and conspiracy are applicable on adultery (Kansas State Legislature, 2011a; Kansas State Legislature, 2011b), solicitation is not as it only applies to felonies (Kansas State Legislature, 2011c). This doesn't decrease liability much however, as the liability under attempt and conspiracy cover almost all situations that would be covered by solicitation. Punishment for attempt and/or conspiracy in relation to adultery is the same as it is for adultery proper (Kansas State Legislature, 2011a; Kansas State Legislature, 2011b).

Bigamy:

Kansas bigamy laws do include a cohabitation clause, however the wording is ambiguous about how applicable it would be in polyamorous or polyfidelitous families (Kansas State Legislature, 2011e). The assumption will be that there is a full applicability under Kansas law for cohabitation issues.

Punishment for bigamy/cohabitation is 5-7 months of imprisonment (Kansas State Legislature, 2011e), escalating up to a maximum of 7-9 months for repeat offenses (Kansas State Legislature, 2011e), and up to $100,000 fine (Kansas State Legislature, 2011h). Incohate laws apply in full, so extended liability is a possibility.

Round-up of Laws:

The combination of adultery and bigamy laws creates the expected liability for all non-monogamists, with the cohabitation creating the expected additional liability for polyamorists and polyfidelitists. Because of the inchoate laws, liability extended beyond the family is possible, however since purportation is not a factor with bigamy, there is less liability for individuals outside of the family to be liable due to participation/support of a ceremonial marriage, or the like.

Non-Monogamous Strategies:

Because of the cohabitation clause, it is strongly recommended that polyamorists and polyfidelitists show caution when creating multi-partner cohabitation arrangements, as this will increase their total liability under Kansas bigamy laws. Unfortunately there is no similar mechanism to avoid liability under adultery, so all non-monogamists in Kansas will summer from some degree of legal liability.

References

Kansas State Legislature. (2011a). Attempt. (Kansas Statute 21-3301). Topeka, KS: Kansas State Legislature.

Kansas State Legislature. (2011b). Conspiracy. (Kansas Statute 21-3302). Topeka, KS: Kansas State Legislature.

Kansas State Legislature. (2011c). Criminal solicitation. (Kansas Statute 21-3303). Topeka, KS: Kansas State Legislature.

Kansas State Legislature. (2011d). Adultery. (Kansas Statute 21-3507). Topeka, KS: Kansas State Legislature.

Kansas State Legislature. (2011e). Bigamy. (Kansas Statute 21-3601). Topeka, KS: Kansas State Legislature.

Kansas State Legislature. (2011f). Conviction of a second felony. (Kansas Statute 21-4054). Topeka, KS: Kansas State Legislature.

Kansas State Legislature. (2011g). Classification of misdemeanor. (Kansas Statute 21-4502). Topeka, KS: Kansas State Legislature.

Kansas State Legislature. (2011h). Fines, crimes committed on or after July 1, 1993. (Kansas Statute 21-4503a). Topeka, KS: Kansas State Legislature.

Kansas State Legislature. (2011i). Authorized dispositions, crimes committed on or after July 1, 1993. (Kansas Statute 21-4603d). Topeka, KS: Kansas State Legislature.

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