Non-Monogamous Families and the Law, Part 33: Summary of New York Laws

Non-Monogamous Families and the Law, Part 33: Summary of New York Laws

Adultery:

Though New York doesn’t have a fornication law, New York’s adultery law is applicable to both parties (New York State Legislature, 2011n). Adultery is considered a class B misdemeanor (New York State Legislature, 2011n) and punishable by up to 3 months imprisonment (New York State Legislature, 2011c) and a fine of up to $500 (New York State Legislature, 2011e). Escalating punishments for repeat offences cannot be identified, but inchoate laws apply, including attempt, conspiracy and solicitation (New York State Legislature, 2011f; New York State Legislature, 2011h; New York State Legislature, 2011j). Though New York has a criminal facilitation law, it only applies to felonies so is not applicable to adultery (New York State Legislature, 2011l). Punishment for attempt and conspiracy for adultery is at the same level as adultery (New York State Legislature, 2011h; New York State Legislature, 2011k). Punishment for solicitation is as a violation (New York State Legislature, 2011f), punishable by up to 15 days of imprisonment (New York State Legislature, 2011c) and a fine of up to $250 (New York State Legislature, 2011e). Additionally there is criminal liability, which takes effect when “acting…for the commission thereof, he solicits, requests, commands, importunes, or intentionally aides.” The liability is equal to adultery for criminal liability (New York State Legislature, 2011a).

Bigamy:

Bigamy in New York possesses a purportation clause, and affects both marryer and marryee (New York State Legislature, 2011m). Bigamy is a class E felony (New York State Legislature, 2011m), punishable by up to 4 years imprisonment (New York State Legislature, 2011b) and a fine of up to $5,000 (New York State Legislature, 2011d). Escalating punishment for repeat offence cannot be identified. Inchoate laws apply in full, including facilitation as bigamy is a felony (New York State Legislature, 2011g; New York State Legislature, 2011i; New York State Legislature, 2011j; New York State Legislature, 2011l). All inchoate offences for bigamy are considered to be a class A misdemeanor (New York State Legislature, 2011g; New York State Legislature, 2011i; New York State Legislature, 2011k; New York State Legislature, 2011l), punishable by up to 1 year imprisonment (New York State Legislature, 2011c), and a fine up to $1,000 (New York State Legislature, 2011e). Criminal liability also applies, at the same level as bigamy (New York State Legislature, 2011a).

Round-Up of Laws:

Due to the combination of adultery and purportation bigamy laws, non-monogamists are affected by the highest degree of general liability. A very large range of inchoate offences apply, so the entire family is culpable, as well as an expanded network outside of the family. Because of the lack of a fornication law, the lack of a marriage will negate all liability within the family.

Non-Monogamous Strategies:

Though New York laws are rather clear-cut, the purportation clause can be moderated by non-dyadic non-monogamists by maintaining a great deal of care over the public image of the family. Additionally, the lack of a legal marriage within the family will effectively eliminate the liability, and may be a viable option for some non-monogamous families.

References

New York State Legislature. (2011a). Criminal liability. (New York Consolidated Laws 20.00). Albany, NY: New York State Legislature.

New York State Legislature. (2011b). Sentence of imprisonment for felony. (New York Consolidated Laws 70.00). Albany, NY: New York State Legislature.

New York State Legislature. (2011c). Sentence of imprisonment for misdemeanors and violations. (New York Consolidated Laws 70.15). Albany, NY: New York State Legislature.

New York State Legislature. (2011d). Fine for felony. (New York Consolidated Laws 80.00). Albany, NY: New York State Legislature.

New York State Legislature. (2011e). Fines for misdemeanors and violations. (New York Consolidated Laws 80.05). Albany, NY: New York State Legislature.

New York State Legislature. (2011f). Criminal solicitation in the fifth degree. (New York Consolidated Laws 100.00). Albany, NY: New York State Legislature.

New York State Legislature. (2011g). Criminal solicitation in the fourth degree. (New York Consolidated Laws 100.05). Albany, NY: New York State Legislature.

New York State Legislature. (2011h). Conspiracy in the sixth degree. (New York Consolidated Laws 105.00). Albany, NY: New York State Legislature.

New York State Legislature. (2011i). Conspiracy in the fifth degree. (New York Consolidated Laws 105.05). Albany, NY: New York State Legislature.

New York State Legislature. (2011j). Attempt to commit a crime. (New York Consolidated Laws 110.00). Albany, NY: New York State Legislature.

New York State Legislature. (2011k). Attempt to commit a crime; punishment. (New York Consolidated Laws 110.05). Albany, NY: New York State Legislature.

New York State Legislature. (2011l). Criminal facilitation in the fourth degree. (New York Consolidated Laws 115.00). Albany, NY: New York State Legislature.

New York State Legislature. (2011m). Bigamy. (New York Consolidated Laws 255.15). Albany, NY: New York State Legislature.

New York State Legislature. (2011n). Adultery. (New York Consolidated Laws 255.17). Albany, NY: New York State Legislature.