Non-Monogamous Families and the Law, Part 38: Summary of Oregon Laws

Non-Monogamous Families and the Law, Part 38: Summary of Oregon Laws

Adultery:

Oregon has no adultery or fornication laws.

Bigamy:

Oregon bigamy law has a purportation clause, though the marryer is the only one liable. Bigamy is a class C felony (Oregon State Legislature, 2011i) and is punishable by up to 5 years of imprisonment (Oregon State Legislature, 2011e) and a fine up to $125,000 (Oregon State Legislature, 2011g). Repeat escalation appears to not apply, however a full range of inchoate laws, attempt, solicitation, conspiracy and criminal liability, apply (Oregon State Legislature, 2011a; Oregon State Legislature, 2011b; Oregon State Legislature, 2011c; Oregon State Legislature, 2011d). Criminal liability and conspiracy are punishable at the same level as bigamy (Oregon State Legislature, 2011a; Oregon State Legislature, 2011d), with attempt and solicitation liable as a class A misdemeanor (Oregon State Legislature, 2011b; Oregon State Legislature, 2011c), punishable by up to 1 year imprisonment (Oregon State Legislature, 2011f) and a fine up to $6,250 (Oregon State Legislature, 2011h).

Round-Up of Laws:

With the lack of adultery and fornication laws, there is minimal liability for unmarried non-monogamists and dyadic non-monogamists. The excessive financial penalties for bigamy, and the purportation clause, though, provide a great deal of liability for non-dyadic non-monogamists.

Non-Monogamous Strategies:

Because liability rests mainly just with non-dyadic non-monogamists, either not having a marriage, or observing careful control on public image, due to the purportation clause, is necessary to limit liability.

References

Oregon State Legislature. (2011a). Criminal liability for conduct of another. (Oregon Revised Statutes 161.155). Salem, OR: Oregon State Legislature.

Oregon State Legislature. (2011b). “Attempt” described. (Oregon Revised Statutes 161.405). Salem, OR: Oregon State Legislature.

Oregon State Legislature. (2011c). “Solicitation” described. (Oregon Revised Statutes 161.435). Salem, OR: Oregon State Legislature.

Oregon State Legislature. (2011d). “Conspiracy” described. (Oregon Revised Statutes 161.450). Salem, OR: Oregon State Legislature.

Oregon State Legislature. (2011e). Maximum prison time for felonies. (Oregon Revised Statutes 161.605). Salem, OR: Oregon State Legislature.

Oregon State Legislature. (2011f). Prison terms for misdemeanors. (Oregon Revised Statutes 161.615). Salem, OR: Oregon State Legislature.

Oregon State Legislature. (2011g). Fines for felonies. (Oregon Revised Statutes 161.625). Salem, OR: Oregon State Legislature.

Oregon State Legislature. (2011h). Fines for misdemeanors. (Oregon Revised Statutes 161.635). Salem, OR: Oregon State Legislature.

Oregon State Legislature. (2011i). Bigamy. (Oregon Revised Statutes 163.515). Salem, OR: Oregon State Legislature.