Non-Monogamous Families and the Law, Part 20: Summary of Maine Laws

Non-Monogamous Families and the Law, Part 20: Summary of Maine Laws

Adultery:

Maine has no adultery law (Maine State Legislature, 2011a), and provides limited liability for dyadic non-monogamists.

Bigamy:

Bigamy in Maine does have a purportation clause (Maine State Legislature, 2011f), increasing liability for non-dyadic non-monogamists. Liability does not extend beyond the purported bigamist, so the purported maryee has no liability from bigamy directly (Maine State Legislature, 2011f). Bigamy is considered to be a class E crime (Maine State Legislature, 2011f), with imprisonment of up to 6 months(Maine State Legislature, 2011g) and a fine of up to $1,000 (Maine State Legislature, 2011h). There is escalating punishment for repeat offence, with an increase to up to 1 year imprisonment (Maine State Legislature, 2011h) and the fine remaining the same.

Inchoate laws do apply with conspiracy and attempt (Maine State Legislature, 2011c; Maine State Legislature, 2011d), however because of how low grade of an offence bigamy is, solicitation does not apply (Maine State Legislature, 2011e). Inchoate punishment for bigamy is at the same level that bigamy is (Maine State Legislature, 2011c; Maine State Legislature, 2011d). There is additional liability regarding accomplices, which is also punishable at the same level as bigamy (Maine State Legislature, 2011b).

Round-Up of Laws:

Due to the absent adultery law, dyadic non-monogamists have minimal liability. However, the purportation in bigamy does provide liability for non-dyadic non-monogamous families, with inchoate offences extending that liability to the family and anyone involved with the purportation.

Non-Monogamous Strategies:

Because of the purportation clause in Maine’s bigamy law, non-dyadic non-monogamists will need to practice a great deal of control over their public appearance. An appearance of a non-dyadic non-monogamous family could bring legal liability to the family. The liability for dyadic non-monogamous families is minimal, however.

References

Maine State Legislature. (2011a). Adultery. (Maine Statutes 17-5-101). Augusta, ME: Maine State Legislature.

Maine State Legislature. (2011b). Criminal liability for conduct of another; accomplices. (Maine Statutes 17-A-1-3-57). Augusta, ME: Maine State Legislature.

Maine State Legislature. (2011c). Criminal conspiracy. (Maine Statutes 17-A-2-7-151). Augusta, ME: Maine State Legislature.

Maine State Legislature. (2011d). Criminal attempt. (Maine Statutes 17-A-2-7-152). Augusta, ME: Maine State Legislature.

Maine State Legislature. (2011e). Criminal solicitation. (Maine Statutes 17-A-2-7-153). Augusta, ME: Maine State Legislature.

Maine State Legislature. (2011f). Bigamy. (Maine Statutes 17-A-2-23-551). Augusta, ME: Maine State Legislature.

Maine State Legislature. (2011g). Imprisonment for crimes other than murder. (Maine Statutes 17-A-3-51-1252). Augusta, ME: Maine State Legislature.

Maine State Legislature. (2011h). Amounts authorized. (Maine Statutes 17-A-3-53-1301). Augusta, ME: Maine State Legislature.