Sunday, December 11, 2011

Non-Monogamous Families and the Law, Part 30: Summary of New Hampshire Laws

Non-Monogamous Families and the Law, Part 30: Summary of New Hampshire Laws

Adultery:

Adultery is applicable to both parties, at the level of a class B misdemeanor (New Hampshire State Legislature, 2011e), punishable by a fine of up to $1,200, however no imprisonment (New Hampshire State Legislature, 2011f). Escalating punishment for repeat offences appears to not apply. Full inchoate laws apply, attempt, solicitation and conspiracy, and are punishable at the same level. New Hampshire appears to not have a fornication law (New Hampshire State Legislature, 2011a; New Hampshire State Legislature, 2011b; New Hampshire State Legislature, 2011c).

Bigamy:

Bigamy is only applicable to the marryer, and not the marryee (New Hampshire State Legislature, 2011d). There are no cohabitation and/or purportation clauses in bigamy (New Hampshire State Legislature, 2011d). Punishment is at the level of a class B felony (New Hampshire State Legislature, 2011d), with up to 7 years imprisonment and a fine of up to $4,000 (New Hampshire State Legislature, 2011f). Escalating punishment for repeat offences appears to not apply, however inchoate does with attempt, solicitation and conspiracy, liable at the same level as bigamy (New Hampshire State Legislature, 2011a; New Hampshire State Legislature, 2011b; New Hampshire State Legislature, 2011c).

Round–Up of Laws:

The combination of adultery and bigamy laws creates liability for both dyadic and non-dyadic non-monogamous families. The lack of laws against fornication does eliminate liability for families that do not possess a legal marriage. Inchoate laws do provide expanded liability for all individuals within the family, and potentially outside of the family.

Non-Monogamous Strategies:

Since New Hampshire’s laws are so straight-forward about adultery and bigamy, there is little that can be done to avoid liability, excepting to not possess a legal marriage.

References

New Hampshire State Legislature. (2011a). Attempt. (New Hampshire Revised Statutes 629:1). Concord, NH: New Hampshire State Legislature.

New Hampshire State Legislature. (2011b). Criminal Solicitation. (New Hampshire Revised Statutes 629:2). Concord, NH: New Hampshire State Legislature.

New Hampshire State Legislature. (2011c). Conspiracy. (New Hampshire Revised Statutes 629:3). Concord, NH: New Hampshire State Legislature.

New Hampshire State Legislature. (2011d). Bigamy. (New Hampshire Revised Statutes 639:1). Concord, NH: New Hampshire State Legislature.

New Hampshire State Legislature. (2011e). Adultery. (New Hampshire Revised Statutes 645:3). Concord, NH: New Hampshire State Legislature.

New Hampshire State Legislature. (2011f). Sentences and Limitations. (New Hampshire Revised Statutes 651:2). Concord, NH: New Hampshire State Legislature.

1 comment:

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