Sunday, November 6, 2011

Non-Monogamous Families and the Law, Part 17: Summary of Indiana Laws

Non-Monogamous Families and the Law, Part 17: Summary of Indiana Laws

Adultery:

Indiana has no adultery laws, and as such liability is negligible for dyadic non-monogamies (swingers & open relationships).

Bigamy:

Bigamy in Indiana is limited to the bigamous marryer, without purportation or cohabitation (Indiana State Legislature, 2011c). The marryee suffers no liability. Bigamy is a class D felony (Indiana State Legislature, 2011c), punishable by 6 months to 3 years imprisonment and a fine of up to $10,000 (Indiana State Legislature, 2011d). There is escalating punishments for repeat offences, which maximizes the repeat offence at three times of the imprisonment length of normal, 1.5 years to 9 years for bigamy (Indiana State Legislature, 2011d; Indiana State Legislature, 2011e). Attempt and conspiracy apply for inchoate (Indiana State Legislature, 2011a; Indiana State Legislature, 2011b), how solicitation is defined differently in Indiana compared to most states and doesn’t apply. This does not limit potential inchoate liability much however. Bigamy attempt and conspiracy is liable at the same level as bigamy proper (Indiana State Legislature, 2011a; Indiana State Legislature, 2011b).

Round-Up of Laws:

Liability for non-monogamists in Indiana is very light, with no adultery laws and bigamy having no cohabitation or purportation clause. Dyadic non-monogamies suffer from no liability, and non-dyadics only liability is if they actually marry bigamously. Through this, inchoate liability is minimal, as there are few situations where actually bigamous marriage would exist.

Non-Monogamous Strategies:

Because of the limited liability all around, the only things that non-monogamists should avoid is to actually marry more than one person at a time. This will remove all legal liability for non-monogamous behavior.

References

Indiana State Legislature. (2011a). Attempt. (Indiana Code 35-41-5-1). Indianapolis, IN: Indiana State Legislature.

Indiana State Legislature. (2011b). Conspiracy. (Indiana Code 35-41-5-2). Indianapolis, IN: Indiana State Legislature.

Indiana State Legislature. (2011c). Bigamy. (Indiana Code 35-46-1-2). Indianapolis, IN: Indiana State Legislature.

Indiana State Legislature. (2011d). Class D felony. (Indiana Code 35-50-2-7). Indianapolis, IN: Indiana State Legislature.

Indiana State Legislature. (2011e). Habitual offenders. (Indiana Code 35-50-2-8). Indianapolis, IN: Indiana State Legislature.

1 comment:

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