Thursday, November 24, 2011

Non-Monogamous Families and the Law, Part 24: Summary of Minnesota Laws

Author's Note:

Happy turkey day!

Bummed about the Canadian Supreme Court ruling, but oh well, I'm not surprised... Look it up if you're interested in my work, it's rather important stuff.

- Jason

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Non-Monogamous Families and the Law, Part 24: Summary of Minnesota Laws

Adultery:

Minnesota’s adultery law applies to both parties in adultery (Minnesota State Legislature, 2011d). Although charges can only be brought by the offended spouse (internal liability), there is an exception if that spouse is deemed insane (Minnesota State Legislature, 2011d), which could open up external liability. Punishment is imprisonment for up to one year and a fine of up to $3,000 (Minnesota State Legislature, 2011d).

Additionally Minnesota has a fornication law that applies to any case of any man sleeping with a “single” (assumed to mean unmarried) woman (Minnesota State Legislature, 2011c). Fornication is not limited to internal liability and is punishable by up to 90 days of imprisonment and a fine of up to $1,000 (Minnesota State Legislature, 2011a; Minnesota State Legislature, 2011c).

Inchoate attempt and conspiracy apply, with solicitation absent, though covered by most situations through conspiracy(Minnesota State Legislature, 2011b; Minnesota State Legislature, 2011e). Attempt and conspiracy are punishable for adultery at up to 6 months imprisonment and a fine up to $1,500 (Minnesota State Legislature, 2011b; Minnesota State Legislature, 2011e). Attempt with fornication is punishable with up to 90 days imprisonment and up to $500 fine (Minnesota State Legislature, 2011b), and conspiracy with fornication lowers the maximum fine to $300 (Minnesota State Legislature, 2011e).

Bigamy:

Bigamy in Minnesota possesses a cohabitation clause that is worded in such a way to only apply to out-of-state marriages and cohabitation with a third party(Minnesota State Legislature, 2011f). The punishment for bigamy is up to 5 years imprisonment and a fine of up to $10,000 (Minnesota State Legislature, 2011f). Attempt and conspiracy also apply to bigamy, at up to 2.5 years imprisonment and up to $5,000 fine (Minnesota State Legislature, 2011b; Minnesota State Legislature, 2011e).

Round-Up of Laws:

Due to adultery having, mainly, internal liability only, and the existence of fornication laws, liability extends largely to unmarried non-monogamous families. Bigamy extends larger liabilities to non-dyadic families too, through the cohabitation clause. Married dyadic families aren’t exempt from liability however; males in such families are liable under the fornication law if they are involved with unmarried women. This liability extends to non-0dyadic families too, where a 2 woman-1 man triad that contains a legal marriage with one of the men would have liability between the married man and the unmarried woman in the triad, as well as through bigamy cohabitation.

Non-Monogamous Strategies:

Since the party with the least liability is married dyadic families, these families are the most favored in Minnesota, with a mono-nonmono relationship where the man is monogamous being the least liable of all, since fornication is only applicable with an unmarried woman.

Non-dyadic families need to be careful because of the cohabitation clause, even though it only applies to out-of-state marriages. Co-Habitation arrangements should be made with care, if at all.

For unmarried non-monogamous families, there is almost always going to be some degree of liability under fornication.

References

Minnesota State Legislature. (2011a). Punishment when not otherwise fixed. (Minnesota Statute 609.03). St. Paul, MN: Minnesota State Legislature.

Minnesota State Legislature. (2011b). Attempts. (Minnesota Statute 609.17). St. Paul, MN: Minnesota State Legislature.

Minnesota State Legislature. (2011c). Fornication. (Minnesota Statute 609.34). St. Paul, MN: Minnesota State Legislature.

Minnesota State Legislature. (2011d). Adultery. (Minnesota Statute 609.36). St. Paul, MN: Minnesota State Legislature.

Minnesota State Legislature. (2011e). Conspiracy. (Minnesota Statute 609.175). St. Paul, MN: Minnesota State Legislature.

Minnesota State Legislature. (2011f). Bigamy. (Minnesota Statute 609.335). St. Paul, MN: Minnesota State Legislature.

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