Non-Monogamous Families and the Law, Part 43: Summary of Tennessee Laws

Non-Monogamous Families and the Law, Part 43: Summary of Tennessee Laws

Adultery:

Tennessee has no adultery or fornication laws.

Bigamy:

Bigamy is Tennessee is applicable to both marryer and marryee, and purportation is applicable (Tennessee State Legislature, 2011g). Bigamy is liable as a class A misdemeanor (Tennessee State Legislature, 2011g), punishable by up to 11 months and 29 days imprisonment and a fine up to $2,500 (Tennessee State Legislature, 2011i). Repeat escalation is not applicable as bigamy is not a felony (Tennessee State Legislature, 2011h). Inchoate laws apply, with attempt and conspiracy punishable as a class B misdemeanor (Tennessee State Legislature, 2011c; Tennessee State Legislature, 2011e; Tennessee State Legislature, 2011f), punishable by up to 6 months imprisonment and a fine up to $500 (Tennessee State Legislature, 2011i); solicitation as a class C misdemeanor (Tennessee State Legislature, 2011d; Tennessee State Legislature, 2011f), punishable by up to 30 days imprisonment and a fine up to $50 (Tennessee State Legislature, 2011i); aiding and abetting at the same level (Tennessee State Legislature, 2011a); and accessory after the fact is not applicable as it only applies to felonies (Tennessee State Legislature, 2011b).

Round-Up of Laws:

The lack of adultery and fornication laws effectively eliminates criminal liability for unmarried non-monogamists and dyadic non-monogamists. Since bigamy has a purportation clause, however, non-dyadic non-monogamists have liability with the bigamy law.

Non-Monogamous Strategies:

Because of the purportation clause in bigamy, non-dyadic non-monogamists should practice control over public image to limit their liability to this clause. Beyond this, and not possessing an actual bigamous marriage, there is no criminal liability for non-monogamists In Tennessee.

References

Tennessee State Legislature. (2011a). Criminal responsibility for conduct of another. (Tennessee Code Unannoteted 39-11-402). Nashville, TN: Tennessee State Legislature.

Tennessee State Legislature. (2011b). Accessory after the fact. (Tennessee Code Unannoteted 39-11-411). Nashville, TN: Tennessee State Legislature.

Tennessee State Legislature. (2011c). Criminal attempt. (Tennessee Code Unannoteted 39-12-101). Nashville, TN: Tennessee State Legislature.

Tennessee State Legislature. (2011d). Solicitation – Defenses disallowed. (Tennessee Code Unannoteted 39-12-102). Nashville, TN: Tennessee State Legislature.

Tennessee State Legislature. (2011e). Criminal conspiracy. (Tennessee Code Unannoteted 39-12-103). Nashville, TN: Tennessee State Legislature.

Tennessee State Legislature. (2011f). Grading attempt, solicitation and conspiracy. (Tennessee Code Unannoteted 39-12-107). Nashville, TN: Tennessee State Legislature.

Tennessee State Legislature. (2011g). Bigamy. (Tennessee Code Unannoteted 39-15-301). Nashville, TN: Tennessee State Legislature.

Tennessee State Legislature. (2011h). Multiple offender. (Tennessee Code Unannoteted 40-35-106). Nashville, TN: Tennessee State Legislature.

Tennessee State Legislature. (2011i). Authorized terms of imprisonment and fines for felonies and misdemeanors. (Tennessee Code Unannoteted 40-35-111). Nashville, TN: Tennessee State Legislature.