Saturday, November 12, 2011

Non-Monogamous Families and the Law, Part 19: Summary of Louisiana Laws

Author's Note:

I'm shocked, Louisiana as a low-liability state? Wow...

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Non-Monogamous Families and the Law, Part 19: Summary of Louisiana Laws

Adultery:

Louisiana has no adultery law, and as such liability for dyadic non-monogamists is minimal.

Bigamy:

Louisiana’s bigamy law is specific to legal marriages. Though there is a cohabitation clause, it’s specific to cohabitation with multiple partners that one is legally married to, and not broad like the typical cohabitation clause. There is no purportation clause in Louisiana for bigamy (Louisiana State Legislature, 2011d).

The punishment for bigamy is imprisonment for up to 5 years and a fine of up to $1,000 (Louisiana State Legislature, 2011d). As bigamy is an unclassified offence there does not appear to be escalating punishment for repeat offences. Inchoate laws apply in the case of conspiracy and attempt, with conspiracy punishable at the same level as bigamy, and attempt at one-half, up to 2.5 years imprisonment and up to $500 fine (Louisiana State Legislature, 2011b; Louisiana State Legislature, 2011c).

Additionally Louisiana has a law regarding being a principal to a crime, which applies along the same lines as conspiracy, but covers aiding and abetting. The punishment for being a principal to bigamy is at the same level as bigamy (Louisiana State Legislature, 2011a). There’s also a specific law in Louisiana regarding abetting in bigamy, which is punishable at the same level as bigamy (Louisiana State Legislature, 2011e). Both of these laws would cover almost any circumstance that a bigamous marriage would take place.

Round-Up of Laws:

Because of a lack of an adultery law, and a soft bigamy law (no cohabitation or purportation), Louisiana is rather non-monogamous friendly. The only liability exists if there’s an actual legal bigamous marriage. In the event of one, inchoate liability is rather extensive with the combination of attempt, conspiracy, principality and abetting.

Non-Monogamous Strategies:

The limited liability for non-monogamists beyond bigamous marriage means the only activity that should be avoided is actually having a bigamous marriage. Beyond this there is minimal liability for non-monogamists.

References

Louisiana State Legislature. (2011a). Principals. (Louisiana Revised Statutes 14-24). Baton Rouge, LA: Louisiana State Legislature.

Louisiana State Legislature. (2011b). Criminal Conspiracy. (Louisiana Revised Statutes 14-26). Baton Rouge, LA: Louisiana State Legislature.

Louisiana State Legislature. (2011c). Attempt; penalties; attempt on a peace officer; enhanced penalties. (Louisiana Revised Statutes 14-27). Baton Rouge, LA: Louisiana State Legislature.

Louisiana State Legislature. (2011d). Bigamy. (Louisiana Revised Statutes 14-24). Baton Rouge, LA: Louisiana State Legislature.

Louisiana State Legislature. (2011e). Abetting in bigamy. (Louisiana Revised Statutes 14-24). Baton Rouge, LA: Louisiana State Legislature.

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