Saturday, October 29, 2011

Non-Monogamous Families and the Law, Part 15: Summary of Alaska Laws

Author's Note:

Finally figured out Alaska's website, yay!

- Jason

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Non-Monogamous Families and the Law, Part 15: Summary of Alaska Laws

Adultery:

Alaska has no criminal adultery laws, which effective eliminates liability for dyadic non-monogamies (swingers & polyamorous).

Bigamy:

Alaska’s bigamy law, called unlawful marrying, includes a purportation clause, and affects both the purported marryer and marryee (Alaska State Legislature, 2011f). Alaska classifies unlawful marrying as a class A misdemeanor (Alaska State Legislature, 2011f), punishable by imprisonment of up to one year (Alaska State Legislature, 2011h), and by a fine of up to $10,000 (Alaska State Legislature, 2011g). There is no escalating punishment for repeat bigamy offences.

For inchoate offences, only attempt and solicitation are applicable (Alaska State Legislature, 2011c; Alaska State Legislature, 2011d), as conspiracy only applies to felonies (Alaska State Legislature, 2011e). The punishment for bigamy attempt and/or solicitation is as a class B misdemeanor (Alaska State Legislature, 2011c; Alaska State Legislature, 2011d), punishable by imprisonment of up to 90 days (Alaska State Legislature, 2011h), and a fine of up to $2,000 (Alaska State Legislature, 2011g).

Additionally, Alaska law provides liability for legal accountability (Alaska State Legislature, 2011a), defined as “solicits the other to commit the offense” (Alaska State Legislature, 2011b) or “aids or abets the other in planning or committing the offense” (Alaska State Legislature, 2011b) as well as “acting with the culpable mental state that is sufficient for the commission of the offense, the person causes an innocent person or a person who lacks criminal responsibility to engage in the proscribed conduct.” (Alaska State Legislature, 2011b) This provision can extend liability to cover the missing segments of liability missed by the absence of criminal conspiracy. Accountability is punishable at the same level as bigamy (Alaska State Legislature, 2011a).

Round-Up of Laws:

With the absence of adultery, but a purportation clause in bigamy, liability for dyadic non-monogamies is effectively eliminated. For non-dyadic non-monogamies there is a concern over public presentation of the family. Because of the extensive coverage of legal accountability, combined with attempt and solicitation, potential liability is extended to the whole family and any who assist or are facilitatory in the public presentation of the non-monogamous relationship.

Non-Monogamous Strategies:

Because all liability in Alaska is contingent on bigamous purportation, non-dyadic non-monogamies need to be extremely cautious about their public presentation. Provided that the family isn’t purporting their non-monogamy, liability is minimal.

References

Alaska State Legislature. (2011a). Legal accountability based upon conduct. (Alaska Statute 11.16.100). Juneau, AK: Alaska State Legislature.

Alaska State Legislature. (2011b). Legal accountability based upon conduct of another. (Alaska Statute 11.16.110). Juneau, AK: Alaska State Legislature.

Alaska State Legislature. (2011c). Attempt. (Alaska Statute 11.31.100). Juneau, AK: Alaska State Legislature.

Alaska State Legislature. (2011d). Solicitation. (Alaska Statute 11.31.110). Juneau, AK: Alaska State Legislature.

Alaska State Legislature. (2011e). Conspiracy. (Alaska Statute 11.31.120). Juneau, AK: Alaska State Legislature.

Alaska State Legislature. (2011f). Unlawful marrying. (Alaska Statute 11.51.140). Juneau, AK: Alaska State Legislature.

Alaska State Legislature. (2011g). Fines. (Alaska Statute 12.55.035). Juneau, AK: Alaska State Legislature.

Alaska State Legislature. (2011h). Sentences of imprisonment for misdemeanors. (Alaska Statute 12.55.135). Juneau, AK: Alaska State Legislature.

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