Sunday, December 4, 2011

Non-Monogamous Families and the Law, Part 29: Summary of Nevada Laws

Non-Monogamous Families and the Law, Part 29: Summary of Nevada Laws

Adultery:

Nevada’s lack of adultery and fornication laws seriously eases liability for all non-monogamists.

Bigamy:

Nevada bigamy law doesn’t possess cohabitation or purportation clauses, but is applicable to both marryer and marryee (Nevada State Legislature, 2011e; Nevada State Legislature, 2011f). Bigamy is considered a class D felony (Nevada State Legislature, 2011e), punishable by imprisonment of 1 to 4 years, and a fine up to $5,000 (Nevada State Legislature, 2011a). Escalating punishment for repeat offence does apply. With the second offence being punishable by 5 to 20 years imprisonment, and the third being 25 years to life (Nevada State Legislature, 2011g).

Inchoate laws apply in the form of principals and accessories, which covers a similar liability spectrum as conspiracy and solicitation (Nevada State Legislature, 2011b; Nevada State Legislature, 2011c). Inchoate punishment is at a higher level than regular bigamy, a class C felony, punishable by 1 to 5 years imprisonment and a fine up to $10,000 (Nevada State Legislature, 2011d).

Summary of Laws:

The liability for non-monogamists in Nevada is extremely limited due to the lack of adultery/fornication and bigamy having no purportation/cohabitation clause. The only liability exists within an actual bigamous marriage in the non-monogamous family.

Non-Monogamous Strategies:

Because liability is limited to actual bigamous marriages, avoidance of actually marrying more than one person at a time (or marrying someone who’s married to such), will effectively eliminate liability under Nevada’s criminal laws.

References

Nevada State Legislature. (2011a). Categories and punishment of felonies. (Nevada Revised Statutes 193.130). Carson City, NV: Nevada State Legislature.

Nevada State Legislature. (2011b). Principals. (Nevada Revised Statutes 195.020). Carson City, NV: Nevada State Legislature.

Nevada State Legislature. (2011c). Accessories. (Nevada Revised Statutes 195.030). Carson City, NV: Nevada State Legislature.

Nevada State Legislature. (2011d). Trial and punishment of accessories. (Nevada Revised Statutes 195.040). Carson City, NV: Nevada State Legislature.

Nevada State Legislature. (2011e). Bigamy: Definitions; penalty. (Nevada Revised Statutes 201.160). Carson City, NV: Nevada State Legislature.

Nevada State Legislature. (2011f). Marrying person already married; penalty. (Nevada Revised Statutes 201.170). Carson City, NV: Nevada State Legislature.

Nevada State Legislature. (2011g). Habitual criminals: Definitions; punishment. (Nevada Revised Statutes 207.010). Carson City, NV: Nevada State Legislature.

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