Saturday, December 24, 2011

Non-Monogamous Families and the Law, Part 36: Summary of Ohio Laws

Non-Monogamous Families and the Law, Part 36: Summary of Ohio Laws 

Adultery:

Ohio possesses no adultery or fornication laws.

Bigamy:

Bigamy in Ohio possesses a cohabitation clause, but no purportation clause (Ohio State Legislature, 2011a). Liability is at the level of a first degree misdemeanor (Ohio State Legislature, 2011a), punishable by up to 180 days of imprisonment (Ohio State Legislature, 2011e) and a fine of up to $1,000 (Ohio State Legislature, 2011f). Repeat offence escalation appears to not apply, and inchoate offences apply with varying impact. Attempt is at the level of a second degree misdemeanor (Ohio State Legislature, 2011c), punishable by up to 90 days imprisonment (Ohio State Legislature, 2011e) and up to $700 fine (Ohio State Legislature, 2011f). Conspiracy doesn’t apply (Ohio State Legislature, 2011b), and complicity, which is a combination of solicitation and aiding/abetting, applies as a first degree misdemeanor (Ohio State Legislature, 2011d).

Round-Up of Laws:

The lack of adultery/fornication minimizes liability for dyadic non-monogamists, however the cohabitation clause of bigamy creates an additional level of liability for non-dyadic non-monogamists.

Non-Monogamous Strategies:

The cohabitation clause in bigamy creates a clear, but challenging condition to avoid. Non-dyadic non-monogamists can avoid liability by having separate residences per legal marriage; however this may not be viable for the relationship.

References

Ohio State Legislature. (2011a). Bigamy. (Ohio Revised Code 2919.01). Columbus, OH: Ohio State Legislature.

Ohio State Legislature. (2011b). Conspiracy. (Ohio Revised Code 2923.01). Columbus, OH: Ohio State Legislature.

Ohio State Legislature. (2011c). Attempt to commit an offense. (Ohio Revised Code 2923.02). Columbus, OH: Ohio State Legislature.

Ohio State Legislature. (2011d). Complicity. (Ohio Revised Code 2923.03). Columbus, OH: Ohio State Legislature.

Ohio State Legislature. (2011e). Definite jail terms for misdemeanors. (Ohio Revised Code 2929.24). Columbus, OH: Ohio State Legislature.

Ohio State Legislature. (2011f). Financial sanctions – misdemeanors. (Ohio Revised Code 2929.28). Columbus, OH: Ohio State Legislature.

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