Non-Monogamous Families and the Law, Part 16: Summary of Illinois Laws

Non-Monogamous Families and the Law, Part 16: Summary of Illinois Laws

Adultery:

Illinois adultery law possesses liability for both parties in adultery, providing broad liability for non-monogamists of all forms (Illinois State Legislature, 2011d). Adultery in Illinois is considered a class A misdemeanor (Illinois State Legislature, 2011d), punishable by up to one year of imprisonment, and a fine of up to $2,500 (Illinois State Legislature, 2011i). Escalating punishment for repeat offence isn’t applicable to adultery (Illinois State Legislature, 2011k). Inchoate laws are fully applicable and punishable in the same way as adultery regular is (Illinois State Legislature, 2011a; Illinois State Legislature, 2011b; Illinois State Legislature, 2011c).

Additionally, Illinois has a fornication law, applicable to unmarried individuals in a sexual relationship (Illinois State Legislature, 2011e). Fornication is considered a class B misdemeanor (Illinois State Legislature, 2011e), with up to 6 months imprisonment and up to $1,500 in fines (Illinois State Legislature, 2011j). A lack of escalating punishments and the applicability of inchoate laws apply in the same way to fornication as it does to adultery (Illinois State Legislature, 2011a; Illinois State Legislature, 2011b; Illinois State Legislature, 2011c; Illinois State Legislature, 2011k).

Bigamy:

Illinois bigamy law is specific to only legal marriages, without any cohabitation or purportation clause(Illinois State Legislature, 2011f). There is, however, liability for both the bigamist and the individual who marries a bigamist (Illinois State Legislature, 2011f). Bigamy proper is considered a class 4 felony (Illinois State Legislature, 2011f), punishable by one to three years imprisonment (Illinois State Legislature, 2011g) and a fine of up to $25,000 (Illinois State Legislature, 2011h). Marrying a bigamist is considered a class A misdemeanor (Illinois State Legislature, 2011f), and punishable the same as adultery (Illinois State Legislature, 2011i). Escalating punishments for repeat offences don’t apply to Bigamy (Illinois State Legislature, 2011k); however inchoate laws do apply in full at the same level of liability as bigamy/marrying a bigamist is, as applicable (Illinois State Legislature, 2011a; Illinois State Legislature, 2011b; Illinois State Legislature, 2011c).

Round-Up of Laws:

Though the lack of cohabitation and purportation in the bigamy laws does free up non-dyadic non-monogamists from the worst of the liability, the presence of adultery means that all non-monogamists possess liability to some degree, even outside of a legal marriage because of the fornication laws. The inchoate laws provide the expected level of extended liability so that all members of a non-monogamous family likely have some degree of liability.

Non-Monogamous Strategies:

Because adultery and bigamy aren’t contingent on cohabitation and/or purportation, there is little that can be done to minimize liability. Escaping liability through not getting married is also not applicable due to the fornication law.

References

Illinois State Legislature. (2011a). Solicitation and solicitation of murder. (Illinois Statute 5-8-1). Chicago, IL: Illinois State Legislature.

Illinois State Legislature. (2011b). Conspiracy. (Illinois Statute 5-8-2). Chicago, IL: Illinois State Legislature.

Illinois State Legislature. (2011c). Attempt. (Illinois Statute 5-8-4). Chicago, IL: Illinois State Legislature.

Illinois State Legislature. (2011d). Adultery. (Illinois Statute 5-11-35). Chicago, IL: Illinois State Legislature.

Illinois State Legislature. (2011e). Fornication. (Illinois Statute 5-11-40). Chicago, IL: Illinois State Legislature.

Illinois State Legislature. (2011f). Bigamy. (Illinois Statute 5-11-45). Chicago, IL: Illinois State Legislature.

Illinois State Legislature. (2011g). Class 4 felonies; sentence. (Illinois Statute 5-4.5-45). Chicago, IL: Illinois State Legislature.

Illinois State Legislature. (2011h). Sentence provisions; all felonies. (Illinois Statute 5-4.5-50). Chicago, IL: Illinois State Legislature.

Illinois State Legislature. (2011i). Class A misdemeanors; sentence. (Illinois Statute 5-4.5-55). Chicago, IL: Illinois State Legislature.

Illinois State Legislature. (2011j). Class B misdemeanors; sentence. (Illinois Statute 5-4.5-60). Chicago, IL: Illinois State Legislature.

Illinois State Legislature. (2011k). Habitual criminals. (Illinois Statute 5-4.5-95). Chicago, IL: Illinois State Legislature.