Sunday, December 4, 2011

Non-Monogamous Families and the Law, Part 28: Summary of Nebraska Laws

Non-Monogamous Families and the Law, Part 28: Summary of Nebraska Laws

Adultery:

Nebraska lacks adultery and fornication laws. Liability for dyadic non-monogamists is reduced immensely because of this, and liability for non-dyadics is lessened.

Bigamy:

Bigamy is Nebraska contains no purportation of cohabitation clause (Nebraska State Legislature, 2011h). Liability is extended to both marryer and marryee, with Bigamy considered a class I misdemeanor (Nebraska State Legislature, 2011h), punishable by up to 1 year imprisonment and a fine up to $1,000 (Nebraska State Legislature, 2011a).Esclating punishment doesn’t apply as bigamy isn’t a felony (Nebraska State Legislature, 2011i).

Though Nebraska has a slew of inchoate charges, not all of them apply. Most, including conspiracy, are only applicable to felonies (Nebraska State Legislature, 2011c; Nebraska State Legislature, 2011d; Nebraska State Legislature, 2011e; Nebraska State Legislature, 2011g). The two that are applicable are aiding & abetting and attempt (Nebraska State Legislature, 2011b; Nebraska State Legislature, 2011f). Aiding and abetting’s liability is the same as bigamy (Nebraska State Legislature, 2011f), and attempt applies at a class II misdemeanor, punishable by up to 6 months imprisonment and a fine up to $1,000 (Nebraska State Legislature, 2011b).

Summary of Laws:

The absence of adultery/fornication and a bigamy law without purportation/cohabitation seriously eases liability for all non-monogamists, creating liability only with the existence of a bigamous marriage. The lack of extensive inchoate liability and escalating punishment liability also eases overall liability.

Non-Monogamous Strategies:

Since the only liability that non-monogamous families posess in Nebraska is from the lax bigamy law, the only strategy is to avoid having a bigamous marriage. In doing so, liability in Nebraska is avoided.

References

Nebraska State Legislature. (2011a). Misdemeanors; classification of penalties; sentences; where served. (Nebraska Revised Statutes 28-106). Lincoln, NE: Nebraska State Legislature.

Nebraska State Legislature. (2011b). Criminal attempt; conduct; penalties. (Nebraska Revised Statutes 28-201). Lincoln, NE: Nebraska State Legislature.

Nebraska State Legislature. (2011c). Conspiracy; defined; penalty. (Nebraska Revised Statutes 28-202). Lincoln, NE: Nebraska State Legislature.

Nebraska State Legislature. (2011d). Accessory to felony; defined; penalties. (Nebraska Revised Statutes 28-204). Lincoln, NE: Nebraska State Legislature.

Nebraska State Legislature. (2011e). Aiding consummation of felony; penalty. (Nebraska Revised Statutes 28-205). Lincoln, NE: Nebraska State Legislature.

Nebraska State Legislature. (2011f). Prosecuting for aiding and abetting. (Nebraska Revised Statutes 28-206). Lincoln, NE: Nebraska State Legislature.

Nebraska State Legislature. (2011g). Compounding a felony; defined; penalty. (Nebraska Revised Statutes 28-301). Lincoln, NE: Nebraska State Legislature.

Nebraska State Legislature. (2011h). Bigamy; penalty; exception. (Nebraska Revised Statutes 28-701). Lincoln, NE: Nebraska State Legislature.

Nebraska State Legislature. (2011i). Habitual criminal, defined; procedure for determination; hearing; penalties; effect of pardon. (Nebraska Revised Statutes 29-2221). Lincoln, NE: Nebraska State Legislature.

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