Yes, another blitz-review. I'm going out of town for a few days to visit family, so expect no updates for a few days. I'll have this stuff done pretty quickly when I get back though, considering I've only got 6 more to go (-:
Also, shock... Utah's laws are the harshest I've seen yet for non-monogamists. Yikes!!!
- Jason
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Non-Monogamous Families and the Law, Part 45: Summary of Utah Laws
Adultery:
Utah has both adultery and fornication laws (Utah State Legislature, 2011l; Utah State Legislature, 2011m). Though adultery is only applicable to the married party (Utah State Legislature, 2011l), the fornication law would cover the unmarried party, as well as any unmarried parties (Utah State Legislature, 2011m). Both adultery and fornication are liable as a class B misdemeanor (Utah State Legislature, 2011l; Utah State Legislature, 2011m), punishable by up to 6 months of imprisonment (Utah State Legislature, 2011c) and a fine up to $1,000 (Utah State Legislature, 2011d). Repeat escalation appears not to apply.
Inchoate laws apply, with attempt and conspiracy liable as a class C misdemeanor (Utah State Legislature, 2011e; Utah State Legislature, 2011f; Utah State Legislature, 2011g; Utah State Legislature, 2011h), punishable by up to 90 days imprisonment (Utah State Legislature, 2011c) and a fine up to $750 (Utah State Legislature, 2011d). Solicitation doesn’t apply as neither adultery nor fornication are felonies (Utah State Legislature, 2011i). Aiding/abetting is liable at the same level (Utah State Legislature, 2011a).
Bigamy:
Bigamy is applicable to both marryer and marryee, and has both a purportation and cohabitation clause (Utah State Legislature, 2011k). Liability for bigamy is as a third degree felony (Utah State Legislature, 2011k), punishable by up to 5 years imprisonment (Utah State Legislature, 2011b) and a fine up to $5,000 (Utah State Legislature, 2011d). Repeat escalation appears not to apply. However, inchoate applies with solicitation included (Utah State Legislature, 2011e; Utah State Legislature, 2011g; Utah State Legislature, 2011i). Attempt, solicitation and conspiracy for bigamy are all at class A misdemeanor liability (Utah State Legislature, 2011f; Utah State Legislature, 2011h; Utah State Legislature, 2011j), punishable by up to 1 year imprisonment (Utah State Legislature, 2011c) and a fine of up to $2,500 (Utah State Legislature, 2011d). Aiding/abetting applies at the same level (Utah State Legislature, 2011a).
Round-Up of Laws:
The combination of fornication, adultery and the purportation & cohabitation clauses in bigamy create the maximum possible liability for non-monogamists. With fornication and adultery carrying the same liability, unmarried and dyadic non-monogamists have the lowest liability. Because of the cohabitation and purportation clauses in bigamy, non-dyadic non-monogamists have a very high degree of extra liability.
Non-Monogamous Strategies:
Because of the adultery and fornication laws, there is no way to avoid some level of criminal liability for being non-monogamous in Utah. If non-dyadic non-monogamists can exercise control over their public image, for purportation, and split residences by marriage, for cohabitation, then they will have the same liability as unmarried and dyadic non-monogamists, however that is the lowest the liability goes for non-monogamists.
References
Utah State Legislature. (2011a). Criminal responsibility for direct commission of offence or for conduct of another. (Utah Code 76-2-202). Salt Lake City, UT: Utah State Legislature.
Utah State Legislature. (2011b). Felony conviction – Indeterminate term of imprisonment. (Utah Code 76-3-203). Salt Lake City, UT: Utah State Legislature.
Utah State Legislature. (2011c). Misdemeanor conviction – Term of imprisonment. (Utah Code 76-3-204). Salt Lake City, UT: Utah State Legislature.
Utah State Legislature. (2011d). Fines for persons. (Utah Code 76-3-301). Salt Lake City, UT: Utah State Legislature.
Utah State Legislature. (2011e). Attempt – Elements of offense. (Utah Code 76-4-101). Salt Lake City, UT: Utah State Legislature.
Utah State Legislature. (2011f). Attempt – Classification of offenses. (Utah Code 76-4-102). Salt Lake City, UT: Utah State Legislature.
Utah State Legislature. (2011g). Conspiracy – Elements of offense. (Utah Code 76-4-201). Salt Lake City, UT: Utah State Legislature.
Utah State Legislature. (2011h). Conspiracy – Classification of offenses. (Utah Code 76-4-202). Salt Lake City, UT: Utah State Legislature.
Utah State Legislature. (2011i). Criminal Solicitation - Elements. (Utah Code 76-4-203). Salt Lake City, UT: Utah State Legislature.
Utah State Legislature. (2011j). Criminal solicitation - Penalties. (Utah Code 76-4-204). Salt Lake City, UT: Utah State Legislature.
Utah State Legislature. (2011k). Bigamy - Defense. (Utah Code 76-7-101). Salt Lake City, UT: Utah State Legislature.
Utah State Legislature. (2011l). Adultery. (Utah Code 76-7-103). Salt Lake City, UT: Utah State Legislature.
Utah State Legislature. (2011m). Fornication. (Utah Code 76-7-104). Salt Lake City, UT: Utah State Legislature.
Non-Monogamous Families and the Law, Part 45: Summary of Utah Laws
Adultery:
Utah has both adultery and fornication laws (Utah State Legislature, 2011l; Utah State Legislature, 2011m). Though adultery is only applicable to the married party (Utah State Legislature, 2011l), the fornication law would cover the unmarried party, as well as any unmarried parties (Utah State Legislature, 2011m). Both adultery and fornication are liable as a class B misdemeanor (Utah State Legislature, 2011l; Utah State Legislature, 2011m), punishable by up to 6 months of imprisonment (Utah State Legislature, 2011c) and a fine up to $1,000 (Utah State Legislature, 2011d). Repeat escalation appears not to apply.
Inchoate laws apply, with attempt and conspiracy liable as a class C misdemeanor (Utah State Legislature, 2011e; Utah State Legislature, 2011f; Utah State Legislature, 2011g; Utah State Legislature, 2011h), punishable by up to 90 days imprisonment (Utah State Legislature, 2011c) and a fine up to $750 (Utah State Legislature, 2011d). Solicitation doesn’t apply as neither adultery nor fornication are felonies (Utah State Legislature, 2011i). Aiding/abetting is liable at the same level (Utah State Legislature, 2011a).
Bigamy:
Bigamy is applicable to both marryer and marryee, and has both a purportation and cohabitation clause (Utah State Legislature, 2011k). Liability for bigamy is as a third degree felony (Utah State Legislature, 2011k), punishable by up to 5 years imprisonment (Utah State Legislature, 2011b) and a fine up to $5,000 (Utah State Legislature, 2011d). Repeat escalation appears not to apply. However, inchoate applies with solicitation included (Utah State Legislature, 2011e; Utah State Legislature, 2011g; Utah State Legislature, 2011i). Attempt, solicitation and conspiracy for bigamy are all at class A misdemeanor liability (Utah State Legislature, 2011f; Utah State Legislature, 2011h; Utah State Legislature, 2011j), punishable by up to 1 year imprisonment (Utah State Legislature, 2011c) and a fine of up to $2,500 (Utah State Legislature, 2011d). Aiding/abetting applies at the same level (Utah State Legislature, 2011a).
Round-Up of Laws:
The combination of fornication, adultery and the purportation & cohabitation clauses in bigamy create the maximum possible liability for non-monogamists. With fornication and adultery carrying the same liability, unmarried and dyadic non-monogamists have the lowest liability. Because of the cohabitation and purportation clauses in bigamy, non-dyadic non-monogamists have a very high degree of extra liability.
Non-Monogamous Strategies:
Because of the adultery and fornication laws, there is no way to avoid some level of criminal liability for being non-monogamous in Utah. If non-dyadic non-monogamists can exercise control over their public image, for purportation, and split residences by marriage, for cohabitation, then they will have the same liability as unmarried and dyadic non-monogamists, however that is the lowest the liability goes for non-monogamists.
References
Utah State Legislature. (2011a). Criminal responsibility for direct commission of offence or for conduct of another. (Utah Code 76-2-202). Salt Lake City, UT: Utah State Legislature.
Utah State Legislature. (2011b). Felony conviction – Indeterminate term of imprisonment. (Utah Code 76-3-203). Salt Lake City, UT: Utah State Legislature.
Utah State Legislature. (2011c). Misdemeanor conviction – Term of imprisonment. (Utah Code 76-3-204). Salt Lake City, UT: Utah State Legislature.
Utah State Legislature. (2011d). Fines for persons. (Utah Code 76-3-301). Salt Lake City, UT: Utah State Legislature.
Utah State Legislature. (2011e). Attempt – Elements of offense. (Utah Code 76-4-101). Salt Lake City, UT: Utah State Legislature.
Utah State Legislature. (2011f). Attempt – Classification of offenses. (Utah Code 76-4-102). Salt Lake City, UT: Utah State Legislature.
Utah State Legislature. (2011g). Conspiracy – Elements of offense. (Utah Code 76-4-201). Salt Lake City, UT: Utah State Legislature.
Utah State Legislature. (2011h). Conspiracy – Classification of offenses. (Utah Code 76-4-202). Salt Lake City, UT: Utah State Legislature.
Utah State Legislature. (2011i). Criminal Solicitation - Elements. (Utah Code 76-4-203). Salt Lake City, UT: Utah State Legislature.
Utah State Legislature. (2011j). Criminal solicitation - Penalties. (Utah Code 76-4-204). Salt Lake City, UT: Utah State Legislature.
Utah State Legislature. (2011k). Bigamy - Defense. (Utah Code 76-7-101). Salt Lake City, UT: Utah State Legislature.
Utah State Legislature. (2011l). Adultery. (Utah Code 76-7-103). Salt Lake City, UT: Utah State Legislature.
Utah State Legislature. (2011m). Fornication. (Utah Code 76-7-104). Salt Lake City, UT: Utah State Legislature.
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