Sunday, December 11, 2011

Non-Monogamous Families and the Law, Part 31: Summary of New Jersey Laws

Non-Monogamous Families and the Law, Part 31: Summary of New Jersey Laws

Adultery:

New Jersey has no adultery law, limiting liability to non-dyadic non-monogamists. There also does not appear to be a fornication law.

Bigamy:

New Jersey has a purportation clause in bigamy, and extends liability to both the marryer and marryee (New Jersey State Legislature, 2011d). Bigamy is considered to be a disorderly persons offence (New Jersey State Legislature, 2011d), and is punishable by up to 6 months imprisonment (New Jersey State Legislature, 2011f) and a fine of up to $1,000 (New Jersey State Legislature, 2011e). Inchoate attempt and conspiracy apply at the same level of liability that bigamy has (New Jersey State Legislature, 2011a; New Jersey State Legislature, 2011b; New Jersey State Legislature, 2011c). There does not appear to be repeat offences escalation for bigamy.

Round-Up of Laws:

With the absence of adultery laws, most dyadic non-monogamists have little liability. Non-dyadics do have a great deal of liability due to purportation as a part of New Jersey bigamy laws. Inchoate offences expand that liability to cover outside of the family as well.

Non-Monogamous Strategies:

With purportation in bigamy laws, non-dyadic non-monogamists can limit liability by practicing careful public image control. Avoidance of any multi-partner ceremony is recommended as well. This would limit liability immensely. Since no fornication law exists, not getting married at all can effectively eliminate such liability, even though the purportation clause is an ever-looming danger.

References

New Jersey State Legislature. (2011a). Criminal Attempt. (New Jersey Permanent Statutes 2C:5-1). Trenton, NJ: New Jersey State Legislature.

New Jersey State Legislature. (2011b). Conspiracy. (New Jersey Permanent Statutes 2C:5-2). Trenton, NJ: New Jersey State Legislature.

New Jersey State Legislature. (2011c). Grading of criminal attempt and conspiracy; mitigation in case of lesser degree. (New Jersey Permanent Statutes 2C:5-4). Trenton, NJ: New Jersey State Legislature.

New Jersey State Legislature. (2011d). Bigamy. (New Jersey Permanent Statutes 2C:24-1). Trenton, NJ: New Jersey State Legislature.

New Jersey State Legislature. (2011e). Fines and restitution. (New Jersey Permanent Statutes 2C:43-3). Trenton, NJ: New Jersey State Legislature.

New Jersey State Legislature. (2011f). Sentence of imprisonment for disorderly persons offences and petty disorderly persons offences. (New Jersey Permanent Statutes 2C:43-8). Trenton, NJ: New Jersey State Legislature.

1 comment:

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