Thursday, December 29, 2011

Non-Monogamous Families and the Law, Part 44: Summary of Texas Laws

Author's Note:

I'm shocked... no adultery or fornication laws in Texas? Wow... That's quite an interesting thing...

- Jason

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Non-Monogamous Families and the Law, Part 44: Summary of Texas Laws

Adultery:

Texas has no adultery or fornication laws.

Bigamy:

Texas’ bigamy law is applicable to both marryer and marryee, and possesses both cohabitation and purportation clauses (Texas State Legislature, 2011i). Bigamy is a third degree felony (Texas State Legislature, 2011i), punishable by 2-10 years imprisonment and a fine up to $10,000 (Texas State Legislature, 2011c). Repeat escalation appears not to apply, as bigamy is not a state jail felony (Texas State Legislature, 2011e). Inchoate laws partially apply, with attempt and conspiracy liable as a state jail felony (Texas State Legislature, 2011f; Texas State Legislature, 2011g), punishable by 180 days to 2 years imprisonment and a fine up to $10,000 (Texas State Legislature, 2011d). Solicitation does not apply as bigamy is not a sufficiently high grade of felony (Texas State Legislature, 2011h). Both party to and aiding/abetting apply at the same liability as bigamy (Texas State Legislature, 2011a; Texas State Legislature, 2011b).

Round-Up of Laws:

With an absence of adultery and fornication laws, non-married non-monogamists and dyadic non-monogamists have no criminal liability. Non-dyadic non-monogamists, however, have a great deal of liability under the cohabitation and purportation clause in Texas’ bigamy law.

Non-Monogamous Strategies:

Non-dyadic non-monogamists should show a great deal of care for their public image, due to the purportation clause in bigamy, and would need to split residences by marriage to avoid the cohabitation clause. In avoiding these two clauses, non-dyadic non-monogamists can have the same lack of liability that unmarried and dyadic non-monogamists have.

References

Texas State Legislature. (2011a). Parties to offences. (Texas Statutes 7.01). Austin, TX: Texas State Legislature.

Texas State Legislature. (2011b). Criminal responsibility for conduct of another. (Texas Statutes 7.02). Austin, TX: Texas State Legislature.

Texas State Legislature. (2011c). Third degree felony punishment. (Texas Statutes 12.34). Austin, TX: Texas State Legislature.

Texas State Legislature. (2011d). State jail felony punishment. (Texas Statutes 12.35). Austin, TX: Texas State Legislature.

Texas State Legislature. (2011e). Penalties for repeat and habitual felony offenders. (Texas Statutes 12.42). Austin, TX: Texas State Legislature.

Texas State Legislature. (2011f). Criminal attempt. (Texas Statutes 15.01). Austin, TX: Texas State Legislature.

Texas State Legislature. (2011g). Criminal conspiracy. (Texas Statutes 15.02). Austin, TX: Texas State Legislature.

Texas State Legislature. (2011h). Criminal solicitation. (Texas Statutes 15.03). Austin, TX: Texas State Legislature.

Texas State Legislature. (2011i). Bigamy. (Texas Statutes 25.01). Austin, TX: Texas State Legislature.

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