Thursday, December 29, 2011

Non-Monogamous Families and the Law, Part 42: Summary of South Dakota Laws

Non-Monogamous Families and the Law, Part 42: Summary of South Dakota Laws

Adultery:

South Dakota has no adultery or fornication laws.

Bigamy:

Only the marryer is liable in South Dakota for bigamy, and there is no cohabitation or purportation clause (South Dakota State Legislature, 2011j). Bigamy is a class 6 felony (South Dakota State Legislature, 2011j), punishable by up to 2 years, and a fine up to $4,000 (South Dakota State Legislature, 2011f). Repeat escalation does apply, with the first and second repeats liable as a class 5 felony, punishable by up to 5 years imprisonment and a fine up to $10,000 (South Dakota State Legislature, 2011h). The third or more repeat offence is liable as a class 4 felony, punishable by up to 10 years imprisonment and a fine up to $20,000 (South Dakota State Legislature, 2011i).

Inchoate laws apply in full, with aiding and abetting being at the same punishment level (South Dakota State Legislature, 2011a), accessory at the level of a class 5 felony (South Dakota State Legislature, 2011b), conspiracy and solicitation as a class 1 misdemeanor (South Dakota State Legislature, 2011c; South Dakota State Legislature, 2011e) punishable by up to 1 year imprisonment and a fine up to $2,000 (South Dakota State Legislature, 2011g), and attempt is liable at one-half of the punishment level of bigamy (South Dakota State Legislature, 2011d).

Round-Up of Laws:

The lack of adultery and fornication laws provides non-married non-monogamists and dyadic non-monogamists with no criminal liability. The lack of a cohabitation or purportation clause in bigamy also eases liability tremendously for non-dyadic non-monogamists. In the event of an actual bigamous marriage, the complex web of inchoate laws would make network liability difficult to discern.

Non-Monogamous Strategies:

Because of the lack of adultery, fornication, and cohabitation & purportation clauses in bigamy, to avoid liability a non-monogamous family can simply not have a bigamous marriage.

References

South Dakota State Legislature. (2011a). Aiding, abetting or advising. (South Dakota Codified Laws 22-3-3). Pierre, SD: South Dakota State Legislature.

South Dakota State Legislature. (2011b). Accessories to crime-Misdemeanors excepted. (South Dakota Codified Laws 22-3-5). Pierre, SD: South Dakota State Legislature.

South Dakota State Legislature. (2011c). Conspiracy to commit offence-Punishment. (South Dakota Codified Laws 22-3-8). Pierre, SD: South Dakota State Legislature.

South Dakota State Legislature. (2011d). Attempt-Punishment. (South Dakota Codified Laws 22-4-1). Pierre, SD: South Dakota State Legislature.

South Dakota State Legislature. (2011e). Criminal solicitation-Penalty. (South Dakota Codified Laws 22-4A-1). Pierre, SD: South Dakota State Legislature.

South Dakota State Legislature. (2011f). Felony classes and penalties-Restitution-Habitual criminal sentences. (South Dakota Codified Laws 22-6-1). Pierre, SD: South Dakota State Legislature.

South Dakota State Legislature. (2011g). Misdemeanor classes and penalties-Misdemeanor when no penalty imposed. (South Dakota Codified Laws 22-6-2). Pierre, SD: South Dakota State Legislature.

South Dakota State Legislature. (2011h). One or two prior felony convictions-Sentence increased-Limitation-Felony. (South Dakota Codified Laws 22-7-7). Pierre, SD: South Dakota State Legislature.

South Dakota State Legislature. (2011i). Three or more additional felony convictions not including a crime of violence-Enhancement of sentence-Limitation-Parole. (South Dakota Codified Laws 22-7-8.1). Pierre, SD: South Dakota State Legislature.

South Dakota State Legislature. (2011j). Bigamy-Exceptions-Felony. (South Dakota Codified Laws 22-22A-1). Pierre, SD: South Dakota State Legislature.

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