Non-Monogamous Families and the Law, Part 32: Summary of New Mexico Laws

Non-Monogamous Families and the Law, Part 32: Summary of New Mexico Laws

Adultery:

New Mexico possesses no adultery or fornication laws, limiting liability for non-monogamists.

Bigamy:

New Mexico Bigamy possesses no cohabitation or purportation clause, though it does extend liability to both marryer and marryee (New Mexico State Legislature, 2011b). Bigamy is considered to be a fourth degree felony (New Mexico State Legislature, 2011b), punishable by 18 months of imprisonment and a fine up to $5,000 (New Mexico State Legislature, 2011f). The punishment for repeat offence is an additional year of imprisonment (New Mexico State Legislature, 2011g).

Inchoate offences apply with attempt, conspiracy and solicitation, with conspiracy and solicitation punishable at the same level as Bigamy, a fourth degree felony (New Mexico State Legislature, 2011d; New Mexico State Legislature, 2011e). Attempt is punishable as a misdemeanor (New Mexico State Legislature, 2011c), with imprisonment of up to “less than one year,” and a fine of up to $1,000 (New Mexico State Legislature, 2011h). Additionally, a person can be an accessory to bigamy if they “procures, counsels, aids or abets in its commission,” which is liable at the same punishment as bigamy (New Mexico State Legislature, 2011a).

Round-Up of Laws:

With the absence of adultery and the lack of cohabitation and purportation in bigamy, liability for non-monogamists is limited to actually possessing a bigamous marriage. In the event of having such a marriage the liability is broad due to inchoate laws.

Non-Monogamous Strategies:

Because of the limited liability for non-monogamists, simply not having a bigamous marriage can effectively eliminate liability in New Mexico.

References

New Mexico State Legislature. (2011a). Accessory. (New Mexico Statutes Annotated 1978 30-1-13). Santa Fe, NM: New Mexico State Legislature.

New Mexico State Legislature. (2011b). Bigamy. (New Mexico Statutes Annotated 1978 30-10-1). Santa Fe, NM: New Mexico State Legislature.

New Mexico State Legislature. (2011c). Attempt to commit a felony. (New Mexico Statutes Annotated 1978 30-28-1). Santa Fe, NM: New Mexico State Legislature.

New Mexico State Legislature. (2011d). Conspiracy. (New Mexico Statutes Annotated 1978 30-28-2). Santa Fe, NM: New Mexico State Legislature.

New Mexico State Legislature. (2011e). Criminal solicitation; penlty. (New Mexico Statutes Annotated 1978 30-28-3). Santa Fe, NM: New Mexico State Legislature.

New Mexico State Legislature. (2011f). Sentencing authority; noncapital felonies; basic sentences and fines; parole authority; meritorious deductions. (New Mexico Statutes Annotated 1978 31-18-15). Santa Fe, NM: New Mexico State Legislature.

New Mexico State Legislature. (2011g). Habitual offenders; alteration of basic sentence. (New Mexico Statutes Annotated 1978 31-18-17). Santa Fe, NM: New Mexico State Legislature.

New Mexico State Legislature. (2011h). Sentencing authority; misdemeanors; imprisonment and fines; probation. (New Mexico Statutes Annotated 1978 31-19-1). Santa Fe, NM: New Mexico State Legislature.