Non-Monogamous Families and the Law, Part 41: Summary of South Carolina Laws

Non-Monogamous Families and the Law, Part 41: Summary of South Carolina Laws

Adultery:

Adultery in South Carolina is applicable to both parties (South Carolina State Legislature, 2011g), and is considered a class C misdemeanor (South Carolina State Legislature, 2011c), punishable by imprisonment for 6 to 12 months and/or a fine of $100 to $500 (South Carolina State Legislature, 2011f). South Carolina also has laws against fornication (South Carolina State Legislature, 2011h), which carry the same liability (South Carolina State Legislature, 2011c; South Carolina State Legislature, 2011f). Repeat escalation does not apply as neither are high-class felonies (South Carolina State Legislature, 2011d). Inchoate offence does not apply either, as neither are any grade of felony (South Carolina State Legislature, 2011a; South Carolina State Legislature, 2011i).

Bigamy:

Bigamy in South Carolina is specific to bigamous marriage, without purportation or cohabitation (South Carolina State Legislature, 2011e). Bigamy is a class F felony (South Carolina State Legislature, 2011b), punishable by imprisonment from ½ a year to 5 years, and a fine up to $500 (South Carolina State Legislature, 2011e). Repeat escalation does not apply as bigamy is not a high-grade felony (South Carolina State Legislature, 2011d). Accessory and conspiracy do apply, and both are liable at the same level as bigamy (South Carolina State Legislature, 2011a; South Carolina State Legislature, 2011i).

Round-Up of Laws:

Because of the presence of fornication, adultery and simple bigamy (without purportation and/or cohabitation), there is full liability for all forms of non-monogamy. Because bigamy is simple, the liability is similar despite form, as bigamy wouldn’t be directly applicable to (most) non-dyadic families. The lack of comprehensive inchoate laws (accessory and conspiracy only) eases liability for well-networked families.

Non-Monogamous Strategies:

As bigamy is simple, and there are adultery and fornication laws, there is little that non-monogamists can do to avoid liability.

References

South Carolina State Legislature. (2011a). Accessory. (South Carolina Code of Laws 16-1-40). Columbia, SC: South Carolina State Legislature.

South Carolina State Legislature. (2011b). Crimes classified as felonies. (South Carolina Code of Laws 16-1-90). Columbia, SC: South Carolina State Legislature.

South Carolina State Legislature. (2011c). Crimes classified as misdemeanors. (South Carolina Code of Laws 16-1-100). Columbia, SC: South Carolina State Legislature.

South Carolina State Legislature. (2011d). Increased sentences for repeat offenders. (South Carolina Code of Laws 16-1-120). Columbia, SC: South Carolina State Legislature.

South Carolina State Legislature. (2011e). Bigamy. (South Carolina Code of Laws 16-15-10). Columbia, SC: South Carolina State Legislature.

South Carolina State Legislature. (2011f). Adultery or fornication. (South Carolina Code of Laws 16-15-70). Columbia, SC: South Carolina State Legislature.

South Carolina State Legislature. (2011g). “Adultery” defined. (South Carolina Code of Laws 16-15-70). Columbia, SC: South Carolina State Legislature.

South Carolina State Legislature. (2011h). “Fornication” defined. (South Carolina Code of Laws 16-1-40). Columbia, SC: South Carolina State Legislature.

South Carolina State Legislature. (2011i). Conspiracy. (South Carolina Code of Laws 16-17-410). Columbia, SC: South Carolina State Legislature.