Saturday, October 29, 2011

Non-Monogamous Families and the Law, Part 14: Summary of Kentucky Laws

Author's Note:

A little out of order here, I'll be back on track in a week or two.

- Jason

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Non-Monogamous Families and the Law, Part 14: Summary of Kentucky Laws

Adultery:

Kentucky doesn't have any law against adultery (Kentucky State Legislature, 2011a), which effectively eliminates liability for dyadic non-monogamists, and lowers liability for non-dyadic non-monogamists.

Bigamy:

Unfortunately Kentucky's bigamy law possesses both a purportation and a cohabitation clause (Kentucky State Legislature, 2011f), which extends liability for non-dyadic non-monogamous families. Cohabitation only applies if the marriage was in another state; however purportation covers most situations that would be eased from an in-state bigamous marriage (Kentucky State Legislature, 2011f). Additionally, liability is extended to both the purported bigamist and the purported bigamist's partner (Kentucky State Legislature, 2011f).

Bigamy is considered a class D felony (Kentucky State Legislature, 2011f), and is punishable by 1 to 5 years of imprisonment (Kentucky State Legislature, 2011g) and a fine of $1,000 to $10,000 (Kentucky State Legislature, 2011j). There is escalating punishment for repeat offences, which increases the imprisonment penalty to 5 to 10 years (Kentucky State Legislature, 2011h). Incohate laws also apply, in the range of attempt, solicitation, conspiracy, in addition to facilitation (Kentucky State Legislature, 2011b; Kentucky State Legislature, 2011c; Kentucky State Legislature, 2011d; Kentucky State Legislature, 2011e). This creates the expected wide-range of liability for any incohate assistance to the purportation or co-habitation; however the liability is at a class A misdemeanor level (Kentucky State Legislature, 2011b; Kentucky State Legislature, 2011c; Kentucky State Legislature, 2011d; Kentucky State Legislature, 2011e), which is punishable by up to 12 months imprisonment and a fine up to $500 (Kentucky State Legislature, 2011i; Kentucky State Legislature, 2011k).

Round-up of Laws:

Due to the absence of adultery laws, dyadic non-monogamies come off clean for liability. Unfortunately because of the purportation & cohabitation clause in bigamy, the same cannot be said of non-dyadic non-monogamists. Liability for polyamorists and polyfidelitists is dependent on either the public image of the relationship, or the cohabitation of the relationship. Considering there is a full range of applicable incohate laws, the liability is spread, though to a lesser degree, to parties not directly affected by the bigamy law.

Non-Monogamous strategies:

Because the liability for non-monogamists is limited to non-dyadic families, and due to the purportation and cohabitation clause, liability can be avoided by careful management of public perception and by limiting cohabitation to each married couple cohabiting separately.

References

Kentucky State Legislature. (2011a). Fornication – adultery (repealed). (Kentucky Revised Statute 436.070). Frankfort, KY: Kentucky State Legislature.

Kentucky State Legislature. (2011b). Criminal attempt. (Kentucky Revised Statute 506.010). Frankfort, KY: Kentucky State Legislature.

Kentucky State Legislature. (2011c). Criminal solicitation. (Kentucky Revised Statute 506.030). Frankfort, KY: Kentucky State Legislature.

Kentucky State Legislature. (2011d). Criminal conspiracy. (Kentucky Revised Statute 506.040). Frankfort, KY: Kentucky State Legislature.

Kentucky State Legislature. (2011e). Criminal facilitation. (Kentucky Revised Statute 506.080). Frankfort, KY: Kentucky State Legislature.

Kentucky State Legislature. (2011f). Bigamy - defense. (Kentucky Revised Statute 530.010). Frankfort, KY: Kentucky State Legislature.

Kentucky State Legislature. (2011g). Designation of offences. (Kentucky Revised Statute 532.020). Frankfort, KY: Kentucky State Legislature.

Kentucky State Legislature. (2011h). Persistent felony offender sentencing. (Kentucky Revised Statute 532.080). Frankfort, KY: Kentucky State Legislature.

Kentucky State Legislature. (2011i). Sentence of imprisonment for misdemeanors. (Kentucky Revised Statute 532.090). Frankfort, KY: Kentucky State Legislature.

Kentucky State Legislature. (2011j). Fines for felonies. (Kentucky Revised Statute 534.020). Frankfort, KY: Kentucky State Legislature.

Kentucky State Legislature. (2011k). Fines for misdemeanors and violations. (Kentucky Revised Statute 534.040). Frankfort, KY: Kentucky State Legislature.

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