Sunday, November 27, 2011

Non-Monogamous Families and the Law, Part 27: Summary of Montana Laws

Author's Note:

I know the last two have been really short. Missouri and Montana's laws have been really simple, and I've gone over the nitty-gritty details so many times in previous posts... Simply put I'd be re-hashing details that I've gone over, and that I'll go back to when I do my consolidated paper.

- Jason

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Non-Monogamous Families and the Law, Part 27: Summary of Montana Laws

Adultery:

Montana has no adultery or fornication laws, lowering liability for non-monogamists.

Bigamy:

Montana does contain a purportation clause for bigamy (Montana State Legislature, 2011d), extending liability for non-dyadic non-monogamists. Liability exists for both marryer and marryee, with punishment of up to 6 months imprisonment and a fine up to $500 (Montana State Legislature, 2011d; Montana State Legislature, 2011e). Escalation to repeat offences does not appear to apply. Inchoate applies with conspiracy, solicitation and attempt, liable at the same level as bigamy (Montana State Legislature, 2011a; Montana State Legislature, 2011b; Montana State Legislature, 2011c).

Roundup of Laws:

The absence of adultery and fornication laws makes liability for dyadic non-monogamists almost nonexistent. Purportation in the bigamy law creates hefty liability for non-dyadic non-monogamists that have a legal marriage, however.

Non-Monogamous Strategies:

Since liability exists mainly for non-dyadic non-monogamists through bigamy purportation, lacking a marriage would avoid liability altogether. If a marriage is unavoidable, then careful control over the family’s public image is a necessity to minimize liability.

References

Montana State Legislature. (2011a). Solicitation. (Montana Code Annotated 45-4-101). Helena, MT: Montana State Legislature.

Montana State Legislature. (2011b). Conspiracy. (Montana Code Annotated 45-4-102). Helena, MT: Montana State Legislature.

Montana State Legislature. (2011c). Attempt. (Montana Code Annotated 45-4-103). Helena, MT: Montana State Legislature.

Montana State Legislature. (2011d). Bigamy. (Montana Code Annotated 45-5-611). Helena, MT: Montana State Legislature.

Montana State Legislature. (2011e). Marrying a bigamist. (Montana Code Annotated 45-5-612). Helena, MT: Montana State Legislature.

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