Non-Monogamous Families and the Law, Part 27: Summary of Montana Laws

Author's Note:

I know the last two have been really short. Missouri and Montana's laws have been really simple, and I've gone over the nitty-gritty details so many times in previous posts... Simply put I'd be re-hashing details that I've gone over, and that I'll go back to when I do my consolidated paper.

- Jason

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Non-Monogamous Families and the Law, Part 27: Summary of Montana Laws

Adultery:

Montana has no adultery or fornication laws, lowering liability for non-monogamists.

Bigamy:

Montana does contain a purportation clause for bigamy (Montana State Legislature, 2011d), extending liability for non-dyadic non-monogamists. Liability exists for both marryer and marryee, with punishment of up to 6 months imprisonment and a fine up to $500 (Montana State Legislature, 2011d; Montana State Legislature, 2011e). Escalation to repeat offences does not appear to apply. Inchoate applies with conspiracy, solicitation and attempt, liable at the same level as bigamy (Montana State Legislature, 2011a; Montana State Legislature, 2011b; Montana State Legislature, 2011c).

Roundup of Laws:

The absence of adultery and fornication laws makes liability for dyadic non-monogamists almost nonexistent. Purportation in the bigamy law creates hefty liability for non-dyadic non-monogamists that have a legal marriage, however.

Non-Monogamous Strategies:

Since liability exists mainly for non-dyadic non-monogamists through bigamy purportation, lacking a marriage would avoid liability altogether. If a marriage is unavoidable, then careful control over the family’s public image is a necessity to minimize liability.

References

Montana State Legislature. (2011a). Solicitation. (Montana Code Annotated 45-4-101). Helena, MT: Montana State Legislature.

Montana State Legislature. (2011b). Conspiracy. (Montana Code Annotated 45-4-102). Helena, MT: Montana State Legislature.

Montana State Legislature. (2011c). Attempt. (Montana Code Annotated 45-4-103). Helena, MT: Montana State Legislature.

Montana State Legislature. (2011d). Bigamy. (Montana Code Annotated 45-5-611). Helena, MT: Montana State Legislature.

Montana State Legislature. (2011e). Marrying a bigamist. (Montana Code Annotated 45-5-612). Helena, MT: Montana State Legislature.

Non-Monogamous Families and the Law, Part 26: Summary of Missouri Laws

Non-Monogamous Families and the Law, Part 26: Summary of Missouri Laws

Adultery:

Missouri has no adultery or fornication law, thus limiting liability for all forms of non-monogamy.

Bigamy:

Missouri does have a purportation clause for bigamy (Missouri State Legislature, 2011f), increasing liability for non-dyadic non-monogamies. Liability extends to both marryer and marryee, and is considered a class A misdemeanor (Missouri State Legislature, 2011f), punishable by up to one year imprisonment (Missouri State Legislature, 2011a) and a fine up to $1,000 (Missouri State Legislature, 2011c). Though there is a category for repeat offences, it does not appear to have any effect as bigamy is a misdemeanor, not a felony (Missouri State Legislature, 2011b).

Both conspiracy and attempt apply for bigamy (Missouri State Legislature, 2011d; Missouri State Legislature, 2011e), extending liability; however conspiracy and attempt for bigamy are considered a class C misdemeanor (Missouri State Legislature, 2011d; Missouri State Legislature, 2011e), punishable by up to 15 days imprisonment (Missouri State Legislature, 2011a) and a fine up to $300 (Missouri State Legislature, 2011c).

Roundup of Laws:

Due to the absence of adultery and fornication laws, dyadic non-monogamists in Missouri encounter minimal liability. Non-dyadic non-monogamists, however, run into problems with the purportation clause in Missouri’s bigamy law. Because bigamy isn’t a felony the liability isn’t as severe as in most other states.

Non-monogamous strategies:

The lack of adultery and fornication laws, and the purportation clause in bigamy, makes it possible to avoid all liability by not actually having a marriage. It is unclear whether or not ceremonial marriages are included in this, however. In the event a legal marriage is unavoidable, non-dyadic non-monogamists would need to take care about how their relationship is publicly portrayed, as the appearance of a bigamous marriage is enough to create liability.

References

Missouri State Legislature. (2011a). Sentence of imprisonment, terms – conditional release. (Missouri Revised Statutes 558.011). Jefferson City, MO: Missouri State Legislature.

Missouri State Legislature. (2011b). Extended terms for recidivism – definitions – persistent misdemeanor offender. (Missouri Revised Statutes 558.016). Jefferson City, MO: Missouri State Legislature.

Missouri State Legislature. (2011c). Fines for misdemeanors and infractions. (Missouri Revised Statutes 560.016). Jefferson City, MO: Missouri State Legislature.

Missouri State Legislature. (2011d). Attempt. (Missouri Revised Statutes 564.001). Jefferson City, MO: Missouri State Legislature.

Missouri State Legislature. (2011e). Conspiracy. (Missouri Revised Statutes 564.016). Jefferson City, MO: Missouri State Legislature.

Missouri State Legislature. (2011f). Bigamy. (Missouri Revised Statutes 568.010). Jefferson City, MO: Missouri State Legislature.

Non-Monogamous Families and the Law, Part 25: Summary of Mississippi Laws

Author's Note:

Ok, the child-outside-of-marriage law was a surprise... I thought by now I had covered most of the obscure laws that could crop up, but that one caught me off-guard. Opens up some interesting new directions on this research, depending on how wide-spread that kind of law is.

- Jason

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Non-Monogamous Families and the Law, Part 25: Summary of Mississippi Laws

Adultery:

Mississippi’s adultery law applies to both parties, possesses both internal and external liability, and extends to fornication outside of marriage (Mississippi State Legislature, 2011f), extending liability even to those non-monogamists who are not legally married. Adultery charges can only be brought with “habitual sexual intercourse” and not as a 1-time event (Mississippi State Legislature, 2011f). The punishment is up to 6 months imprisonment and up to $500 in a fine (Mississippi State Legislature, 2011f). Escalating punishment for repeat offence doesn’t apply as adultery isn’t a felony offence (Mississippi State Legislature, 2011a; Mississippi State Legislature, 2011j). Inchoate offences apply with conspiracy and with attempt, with attempt having the same level of liability as adultery, and conspiracy with an ambiguous punishment that is assumed to be comparable (Mississippi State Legislature, 2011b; Mississippi State Legislature, 2011e).

Bigamy:

Bigamy in Mississippi doesn’t include a cohabitation or purportation clause, limiting liability for non-dyadic non-monogamies (Mississippi State Legislature, 2011h). Liability extends to both marryer and marryee, with punishment being imprisonment for up to 10 years (Mississippi State Legislature, 2011h). Because bigamy is a felony in Mississippi (Mississippi State Legislature, 2011a), escalating punishment for repeat offence is applicable, however it simply maximizes the term to be an absolute 10 years, instead of being up to (Mississippi State Legislature, 2011j).

Inchoate attempt applies the same as with with adultery, being at the same 10 year level (Mississippi State Legislature, 2011e). Conspiracy is liable for up to 5 years imprisonment and up to $5,000 fine (Mississippi State Legislature, 2011b). Additionally, because bigamy is a felony, accessory before/after the fact is applicable, with accessory before the fact being liable at the same 10 year level, and after the fact being liable for up to 5 years imprisonment and a fine up to $1,000 (Mississippi State Legislature, 2011c; Mississippi State Legislature, 2011d).

There is also a law against teaching of polygamy (Mississippi State Legislature, 2011i). Though polygamy is specifically named, this could be expanded to cover other forms of non-monogamy, especially non-dyadic non-monogamies. Punishment for teaching polygamy is imprisonment for 1-6 months and/or a fine of $25-$500 (Mississippi State Legislature, 2011i).

Lastly, there is a law against having children outside of marriage (Mississippi State Legislature, 2011g). The first offence of such is imprisonment for 30-90 days, and a fine of up to $250. Subsequent offences are liable for 3-6 months of imprisonment and a fine of up to $500 (Mississippi State Legislature, 2011g).

Round-Up of Laws:

Beyond the expected liability of having both adultery and bigamy laws, the law against teaching polygamy could be applied more broadly to affect those conversations about other forms of non-monogamy, extending liability through whole communities.

Also, the law against having children outside of marriage can have drastic impacts on non-dyadic non-monogamous families that choose to have children, providing extra liability depending on who the birth parents are.

Because of the need for habitual sexual intercourse, certain forms of dyadic non-monogamy are less liable under this law. For example, swingers and/or open relationships that do not have regular external partners.

Non-Monogamous Strategies:

Unfortunately the liability from both adultery and bigamy is largely unavoidable, beyond exploiting adultery’s requirement or habitual sex. This would demand that only dyadic non-monogamists without regular external partners could avoid this. This, however, is not feasible for a large bulk of non-monogamists. Because of the fornication built into the adultery law, lacking a legal marriage is not a method of avoiding the adultery law either.

Also, the types of conversations and discussions that are common-place in non-monogamous relationships are likely liable under the anti-teaching law, means there’s an excess of liability for non-monogamists.

The one law that can be worked around is the child-outside-of-marriage law, which only affects non-monogamous families looking to have children. In these cases, having a legal marriage between the two biological parents of the child allows liability under this law to be avoided.

References

Mississippi State Legislature. (2011a). Felony. (Mississippi Code of 1972 1-3-11). Jackson, MS: Mississippi State Legislature.

Mississippi State Legislature. (2011b). Conspiracy. (Mississippi Code of 1972 97-1-1). Jackson, MS: Mississippi State Legislature.

Mississippi State Legislature. (2011c). Accessories before the fact. (Mississippi Code of 1972 97-1-3). Jackson, MS: Mississippi State Legislature.

Mississippi State Legislature. (2011d). Accessories after the fact. (Mississippi Code of 1972 97-1-5). Jackson, MS: Mississippi State Legislature.

Mississippi State Legislature. (2011e). Attempt to commit offence; punishment. (Mississippi Code of 1972 97-1-7). Jackson, MS: Mississippi State Legislature.

Mississippi State Legislature. (2011f). Adultery and fornication; unlawful cohabitation. (Mississippi Code of 1972 97-29-1). Jackson, MS: Mississippi State Legislature.

Mississippi State Legislature. (2011g). Illegitimate children; person becoming a natural parent of second illegitimate child; jurisdiction. (Mississippi Code of 1972 97-29-11). Jackson, MS: Mississippi State Legislature.

Mississippi State Legislature. (2011h). Bigamy; definitions; penalty. (Mississippi Code of 1972 97-29-13). Jackson, MS: Mississippi State Legislature.

Mississippi State Legislature. (2011i). Polygamy; teaching of. (Mississippi Code of 1972 97-29-43). Jackson, MS: Mississippi State Legislature.

Mississippi State Legislature. (2011j). Sentencing of habitual criminals to maximum term of imprisonment. (Mississippi Code of 1972 99-19-81. Jackson, MS: Mississippi State Legislature.

Non-Monogamous Families and the Law, Part 24: Summary of Minnesota Laws

Author's Note:

Happy turkey day!

Bummed about the Canadian Supreme Court ruling, but oh well, I'm not surprised... Look it up if you're interested in my work, it's rather important stuff.

- Jason

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Non-Monogamous Families and the Law, Part 24: Summary of Minnesota Laws

Adultery:

Minnesota’s adultery law applies to both parties in adultery (Minnesota State Legislature, 2011d). Although charges can only be brought by the offended spouse (internal liability), there is an exception if that spouse is deemed insane (Minnesota State Legislature, 2011d), which could open up external liability. Punishment is imprisonment for up to one year and a fine of up to $3,000 (Minnesota State Legislature, 2011d).

Additionally Minnesota has a fornication law that applies to any case of any man sleeping with a “single” (assumed to mean unmarried) woman (Minnesota State Legislature, 2011c). Fornication is not limited to internal liability and is punishable by up to 90 days of imprisonment and a fine of up to $1,000 (Minnesota State Legislature, 2011a; Minnesota State Legislature, 2011c).

Inchoate attempt and conspiracy apply, with solicitation absent, though covered by most situations through conspiracy(Minnesota State Legislature, 2011b; Minnesota State Legislature, 2011e). Attempt and conspiracy are punishable for adultery at up to 6 months imprisonment and a fine up to $1,500 (Minnesota State Legislature, 2011b; Minnesota State Legislature, 2011e). Attempt with fornication is punishable with up to 90 days imprisonment and up to $500 fine (Minnesota State Legislature, 2011b), and conspiracy with fornication lowers the maximum fine to $300 (Minnesota State Legislature, 2011e).

Bigamy:

Bigamy in Minnesota possesses a cohabitation clause that is worded in such a way to only apply to out-of-state marriages and cohabitation with a third party(Minnesota State Legislature, 2011f). The punishment for bigamy is up to 5 years imprisonment and a fine of up to $10,000 (Minnesota State Legislature, 2011f). Attempt and conspiracy also apply to bigamy, at up to 2.5 years imprisonment and up to $5,000 fine (Minnesota State Legislature, 2011b; Minnesota State Legislature, 2011e).

Round-Up of Laws:

Due to adultery having, mainly, internal liability only, and the existence of fornication laws, liability extends largely to unmarried non-monogamous families. Bigamy extends larger liabilities to non-dyadic families too, through the cohabitation clause. Married dyadic families aren’t exempt from liability however; males in such families are liable under the fornication law if they are involved with unmarried women. This liability extends to non-0dyadic families too, where a 2 woman-1 man triad that contains a legal marriage with one of the men would have liability between the married man and the unmarried woman in the triad, as well as through bigamy cohabitation.

Non-Monogamous Strategies:

Since the party with the least liability is married dyadic families, these families are the most favored in Minnesota, with a mono-nonmono relationship where the man is monogamous being the least liable of all, since fornication is only applicable with an unmarried woman.

Non-dyadic families need to be careful because of the cohabitation clause, even though it only applies to out-of-state marriages. Co-Habitation arrangements should be made with care, if at all.

For unmarried non-monogamous families, there is almost always going to be some degree of liability under fornication.

References

Minnesota State Legislature. (2011a). Punishment when not otherwise fixed. (Minnesota Statute 609.03). St. Paul, MN: Minnesota State Legislature.

Minnesota State Legislature. (2011b). Attempts. (Minnesota Statute 609.17). St. Paul, MN: Minnesota State Legislature.

Minnesota State Legislature. (2011c). Fornication. (Minnesota Statute 609.34). St. Paul, MN: Minnesota State Legislature.

Minnesota State Legislature. (2011d). Adultery. (Minnesota Statute 609.36). St. Paul, MN: Minnesota State Legislature.

Minnesota State Legislature. (2011e). Conspiracy. (Minnesota Statute 609.175). St. Paul, MN: Minnesota State Legislature.

Minnesota State Legislature. (2011f). Bigamy. (Minnesota Statute 609.335). St. Paul, MN: Minnesota State Legislature.

Non-Monogamous Families and the Law, Part 23: Summary of Michigan Laws

Author's Note:

Firstly, I apologize for not getting this up over the weekend, totally my fault, bad time management combined with some laziness.

Secondly, this review doesn't come close to really covering the complexity of Michigan's criminal laws. It's, to put it simply, a mess, and I can't really say I'm completely confident of my assessment here. If anyone has feedback where I can improve on this, please...

- Jason

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Non-Monogamous Families and the Law, Part 23: Summary of Michigan Laws

Adultery:

Adultery in Michigan creates liability for both involved parties (Michigan State Legislature, 2011a); however, that liability is severely limited as adultery charges can only be brought up by the other spouse (Michigan State Legislature, 2011c), thus creating an internal liability only. Punishment is up to 1 month imprisonment though repeat offences and mitigating circumstances can dramatically increase that to up to 17 months (Michigan State Legislature, 2011c; Michigan State Legislature, 2011o; Michigan State Legislature, 2011q; Michigan State Legislature, 2011r).

Inchoate laws apply to varying degrees. Conspiracy is liable with up to 1 year of imprisonment and up to $1,000 fine (Michigan State Legislature, 2011f). Solicitation and attempt are liable for up to 15 days imprisonment and up to $1,000 fine (Michigan State Legislature, 2011e; Michigan State Legislature, 2011g).

Additionally, Michigan laws include both lewd & lascivious behavior (Michigan State Legislature, 2011h), and gross indecency (Michigan State Legislature, 2011i; Michigan State Legislature, 2011j; Michigan State Legislature, 2011k), which affects unmarried individuals. Punishment for lewd & lascivious is up to one year imprisonment or up to $1,000 fine (Michigan State Legislature, 2011h). Punishment for gross indecency is up to 5 years imprisonment or up to $2,500 fine (Michigan State Legislature, 2011i; Michigan State Legislature, 2011j; Michigan State Legislature, 2011k). Inchoate laws apply here as well, with solicitation and attempt having up to 6 months imprisonment and $1,000 fine (Michigan State Legislature, 2011f), and conspiracy having up to 1 year and up to $1,000 fine (Michigan State Legislature, 2011e; Michigan State Legislature, 2011g). Neither of these are internally liable only.

Bigamy:

Though Michigan bigamy laws (referred to in the laws as polygamy) do reference co-habitation, it is in reference to bigamous marriage and doesn’t apply like a regular co-habitation clause (Michigan State Legislature, 2011l). Co-Habitation of this manner is identical to bigamy without purportation or co-habitation clauses. Liability exists for both marryer and marryee (Michigan State Legislature, 2011l; Michigan State Legislature, 2011m), with punishment being the same as adultery: up to 1 month imprisonment, with escalating punishment and inchoate offences applying the same as well (Michigan State Legislature, 2011p; Michigan State Legislature, 2011q; Michigan State Legislature, 2011r).

In addition, Michigan has a law that will add liability for any divorced person to co-habit with another at the same liability as bigamy (Michigan State Legislature, 2011d). There is also a law against “teaching, soliciting and advocating the practice of polygamy,” also punishable in the same way as adultery/bigamy (Michigan State Legislature, 2011n).

Round-Up of Laws:

Due to the rather bizarre mix of laws that Michigan has, and the varying degrees of punishment, Michigan’s impact on non-monogamists is confusing at best. Adultery is only internally liable, but other similar laws, lewd & lascivious and gross indecency, are not limited in the same way. Lewd and lascivious is only applicable outside of a legal marriage, and gross indecency is applicable regardless. Exact definitions are lacking for lewd & lascivious and gross indecency, however it can be inferred that lewd & lascivious specifically refers to being unmarried and co-habiting with an unmarried partner, and that gross indecency is anything that falls outside the sexual norm. This creates a huge liability for any and all non-monogamists because of the severe punishment for gross indecency (5 years/$2,500), as well as creating a power inequity within the relationship due to the internal-only nature of the adultery laws.

Bigamy laws in Michigan are, surprisingly, very docile compared to the laws in the adultery category. The inclusion of the divorced co-habiting law and the teaching law increase liability, but with punishment being a paltry 1 month it’s almost laughable. The teaching law is of notable concern, as even discussing polyamory could fall into liability under this law.

Inchoate laws provide the expected range of extended liability, at a surprisingly higher level in the case of conspiracy, and the escalating punishment for repeat/mitigating offences can push both adultery and bigamy into the +1 year imprisonment range.

Non-Monogamous Strategies:

With the complexity of Michigan’s laws around non-monogamy, the strategies are equally as complex. Surprisingly there’s *less* liability being non-monogamous within a legal marriage in Michigan than there is being unmarried, since adultery is only internally liable. This is largely negated by the gross indecency laws and their severe punishment however.

The teaching law is a challenging one to avoid, as it effectively eliminates the capacity to communicate about anything non-monogamous in an open and free way. This law is very 1984-ish in how it limits open communication, and is the law in most danger of affecting the repeat offences escalations and causing greater punishments for other laws. Beyond showing extreme discretion in communicating about non-monogamy issues, there’s little that can be done to avoid this liability.

References

Michigan State Legislature. (2011a). Adultery; definitions. (Michigan Code 750.29). Lansing, MI: Michigan State Legislature.

Michigan State Legislature. (2011b). Adultery; punishment. (Michigan Code 750.30). Lansing, MI: Michigan State Legislature.

Michigan State Legislature. (2011c). Adultery; complaint and time of prosecution. (Michigan Code 750.31). Lansing, MI: Michigan State Legislature.

Michigan State Legislature. (2011d). Adultery; cohabitation of divorced parties. (Michigan Code 750.32). Lansing, MI: Michigan State Legislature.

Michigan State Legislature. (2011e). Attempt to commit a crime. (Michigan Code 750.92). Lansing, MI: Michigan State Legislature.

Michigan State Legislature. (2011f). Conspiracy to commit offense or legal act in illegal manner; penalty. (Michigan Code 750.157a). Lansing, MI: Michigan State Legislature.

Michigan State Legislature. (2011g). Solicitation to commit murder or felony; penalty; affirmative defense. (Michigan Code 750.157b). Lansing, MI: Michigan State Legislature.

Michigan State Legislature. (2011h). Lewd and lascivious cohabitation and gross lewdness. (Michigan Code 750.335). Lansing, MI: Michigan State Legislature.

Michigan State Legislature. (2011i). Gross indecency; between male persons. (Michigan Code 750.338). Lansing, MI: Michigan State Legislature.

Michigan State Legislature. (2011j). Gross indecency; between female persons. (Michigan Code 750.338a). Lansing, MI: Michigan State Legislature.

Michigan State Legislature. (2011k). Gross indecency; between male and female persons. (Michigan Code 750.29). Lansing, MI: Michigan State Legislature.

Michigan State Legislature. (2011l). Polygamy; definition; felony. (Michigan Code 750.439). Lansing, MI: Michigan State Legislature.

Michigan State Legislature. (2011m). Knowingly marrying one to whom marriage is prohibited; felony. (Michigan Code 750.440). Lansing, MI: Michigan State Legislature.

Michigan State Legislature. (2011n). Teaching, soliciting and advocating polygamy; felony. (Michigan Code 750.441). Lansing, MI: Michigan State Legislature.

Michigan State Legislature. (2011o). MCL 750.13 to 750.32; felonies to which chapter applicable. (Michigan Code 777.16a). Lansing, MI: Michigan State Legislature.

Michigan State Legislature. (2011p). MCL 750.422 to 750.441; felonies to which chapter applicable. (Michigan Code 750.29). Lansing, MI: Michigan State Legislature.

Michigan State Legislature. (2011q). Minimum sentence range; determination. (Michigan Code 777.21). Lansing, MI: Michigan State Legislature.

Michigan State Legislature. (2011r). Minimum sentence ranges for class H. (Michigan Code 777.69). Lansing, MI: Michigan State Legislature.

Non-Monogamous Families and the Law, Part 22: Summary of Massachusetts Laws

Non-Monogamous Families and the Law, Part 22: Summary of Massachusetts Laws

Adultery:

Massachusetts adultery law impacts both parties to adultery, with a punishment of up to 3 years imprisonment or a fine of up to $500 (Massachusetts State Legislature, 2011a). In addition, Massachusetts has laws against fornication (Massachusetts State Legislature, 2011d), and lewd & lascivious behavior (Massachusetts State Legislature, 2011c), which extends liability to non-married individuals. Lewd & lascivious behavior is punishable at the same level as adultery (Massachusetts State Legislature, 2011c), where fornication is punishable by up to three months imprisonment or a fine of up to $30 (Massachusetts State Legislature, 2011d). Unfortunately Massachusetts doesn’t define fornication, creating a rather vague law (Massachusetts State Legislature, 2011d). In addition lewd & lascivious behavior is only applicable if it is “open and gross,” (Massachusetts State Legislature, 2011c) which is equally as vague as fornication.

For the purposes of this assessment, it is assumed that lewd and lascivious behavior is applicable in cases where the family is public about their non-monogamy, and fornication is applicable in cases where they are not, but found out to be non-monogamous. Though Massachusetts law on repeat offenders is applicable, it only mandates the maximum sentence for repeat offences, which does not extend the existing liability (Massachusetts State Legislature, 2011i).

Inchoate offences are applicable to adultery as well, though Massachusetts has somewhat different inchoate laws than most stated. For Massachusetts the inchoate laws are: accessory before/after the fact (Massachusetts State Legislature, 2011e; Massachusetts State Legislature, 2011f), aiding (Massachusetts State Legislature, 2011e), attempt (Massachusetts State Legislature, 2011g) and conspiracy (Massachusetts State Legislature, 2011h). Despite the differences, the level of situations covered by this range of inchoate offences is comparable to most other state’s inchoate laws. Punishment for inchoate offences is mostly at the same level as adultery, with aiding, accessory before/after and conspiracy being the same liability (Massachusetts State Legislature, 2011e; Massachusetts State Legislature, 2011f; Massachusetts State Legislature, 2011h), and attempt being imprisonment of up to 1 year or a fine of up to $300 (Massachusetts State Legislature, 2011g). Lewd & lascivious behavior and fornication hold the same inchoate liability (Massachusetts State Legislature, 2011e; Massachusetts State Legislature, 2011f; Massachusetts State Legislature, 2011g; Massachusetts State Legislature, 2011h).

Bigamy:

Massachusetts bigamy law is only applicable to the marryer (Massachusetts State Legislature, 2011b). There is also a cohabitation reference in the law, but it’s worded to only be applicable with cohabitation with a “second husband or wife.” (Massachusetts State Legislature, 2011b) For the purposes of this assessment it is assumed that a legal marriage must exist between cohabitants to be liable under bigamy in Massachusetts, effectively making it the same as regular bigamy laws.

Bigamy is punishable by imprisonment of up to 5 years or a fine of up to $500 (Massachusetts State Legislature, 2011b). Similarly to adultery, escalating punishment for repeat offences applies, but doesn’t actually increase the total liability (Massachusetts State Legislature, 2011i). Inchoate offences also apply the same, with the exception of attempt. Aiding, accessory before/after and conspiracy still provide the same liability as bigamy (Massachusetts State Legislature, 2011e; Massachusetts State Legislature, 2011f; Massachusetts State Legislature, 2011h). Attempt, however is punishable with imprisonment of up to 2.5 year (Massachusetts State Legislature, 2011g).

Round-Up of Laws:

The adultery law creates liability for all forms of non-monogamy, with the lewd & lascivious behavior and fornication laws creating additional liability outside of marriage. The punishment is also unusually high for adultery, comparable to the bigamy law. The extensive inchoate offences also provide a full range of liability for anyone involved in the relationship.

Non-Monogamous Strategies:

Unfortunately there is no way to fully avoid liability. The best that can be had is by not possessing a legal marriage and to be discrete about the non-monogamous relationship, thereby being liable only under fornication laws.

References

Massachusetts State Legislature. (2011a). Adultery. (Massachusetts General Laws IV.I.272.14). Boston, MA: Massachusetts State Legislature.

Massachusetts State Legislature. (2011b). Polygamy. (Massachusetts General Laws IV.I.272.15). Boston, MA: Massachusetts State Legislature.

Massachusetts State Legislature. (2011c). Open and gross lewdness and lascivious behavior. (Massachusetts General Laws IV.I.272.16). Boston, MA: Massachusetts State Legislature.

Massachusetts State Legislature. (2011d). Fornication. (Massachusetts General Laws IV.I.272.18). Boston, MA: Massachusetts State Legislature.

Massachusetts State Legislature. (2011e). Aiders; accessories before the fact; punishment. (Massachusetts General Laws IV.I.274.2). Boston, MA: Massachusetts State Legislature.

Massachusetts State Legislature. (2011f). Accessories after the fact; punishment; relationship as defense; cross-examination; impeachment. (Massachusetts General Laws IV.I.274.4). Boston, MA: Massachusetts State Legislature.

Massachusetts State Legislature. (2011g). Attempts to commit crimes; punishment. (Massachusetts General Laws IV.I.274.6). Boston, MA: Massachusetts State Legislature.

Massachusetts State Legislature. (2011h). Conspiracy; penalties. (Massachusetts General Laws IV.I.274.7). Boston, MA: Massachusetts State Legislature.

Massachusetts State Legislature. (2011i). Punishment for habitual criminals. (Massachusetts General Laws IV.II.279.25). Boston, MA: Massachusetts State Legislature.

Non-Monogamous Families and the Law, Part 21: Summary of Maryland Laws

Author's Note:

Can someone double-check my interpretation of Maryland's laws here? I was shocked at how vauge and lacking in information there was. There's references to inchoate laws, but I can't find the actual inchoate laws themselves. Also There's no definition for adultery? That's a first...

- Jason

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Non-Monogamous Families and the Law, Part 21: Summary of Maryland Laws

Adultery:

Maryland has a law against adultery; however it lacks any specifics on defining adultery (Maryland State Legislature, 2011a). For the purposes of this analysis it is assumed that adultery includes both participating parties, regardless of who has the legal marriage. The punishment for adultery in Maryland is simply a $10 fine (Maryland State Legislature, 2011a), an almost laughable liability compared to other states. Escalating punishment for repeat offence do not appear to apply. Oddly, inchoate offences do not appear to apply to adultery either, leaving liability to only those directly involved.

Bigamy:

Though Maryland doesn’t contain a purportation or cohabitation clause with bigamy, the clause that does exist stipulates that a marriage ceremony is prohibited, and not just the legal marriage (Maryland State Legislature, 2011b). This occupies a grey area between purportation and the lack thereof, as the specific type of ceremony is not identified. Because of this liability may extend to non-legal marriage ceremonies Liability is limited to the marryer(s), and not to the marryee(s).

Punishment for bigamy is up to 9 years of imprisonment (Maryland State Legislature, 2011b). Inchoate and escalating punishment does not appear to apply to bigamy, so liability is limited to only those with multiple partners in legal marriage.

Round-Up of Laws:

Maryland’s laws are confusing and written much differently than other states, as such understanding the true impacts is challenging, at best. There is an adultery law, which extends liability to all non-monogamous families, despite the actual punishment being a paltry fine of $10. Bigamy occupies an odd place, with liability extended beyond the baseline only to marriage ceremonies. This should be considered purportation-lite. Maryland’s punishment for bigamy is disproportionate compared to its punishment for adultery.

Non-Monogamous Strategies:

Despite the punishment for adultery being of such a limited sum, it is still under criminal law and is subject to further discriminations (child custody, renting, etc.), so it should not be taken lightly. For non-dyadic non-monogamous families, it is recommended to not have ceremonial marriages, as this would extend the liability the family encounters rather dramatically.

References

Maryland State Legislature. (2011a). Adultery. (Maryland Code 10-501). Annapolis, MD: Maryland State Legislature.

Maryland State Legislature. (2011a). Bigamy. (Maryland Code 10-502). Annapolis, MD: Maryland State Legislature.

Non-Monogamous Families and the Law, Part 20: Summary of Maine Laws

Non-Monogamous Families and the Law, Part 20: Summary of Maine Laws

Adultery:

Maine has no adultery law (Maine State Legislature, 2011a), and provides limited liability for dyadic non-monogamists.

Bigamy:

Bigamy in Maine does have a purportation clause (Maine State Legislature, 2011f), increasing liability for non-dyadic non-monogamists. Liability does not extend beyond the purported bigamist, so the purported maryee has no liability from bigamy directly (Maine State Legislature, 2011f). Bigamy is considered to be a class E crime (Maine State Legislature, 2011f), with imprisonment of up to 6 months(Maine State Legislature, 2011g) and a fine of up to $1,000 (Maine State Legislature, 2011h). There is escalating punishment for repeat offence, with an increase to up to 1 year imprisonment (Maine State Legislature, 2011h) and the fine remaining the same.

Inchoate laws do apply with conspiracy and attempt (Maine State Legislature, 2011c; Maine State Legislature, 2011d), however because of how low grade of an offence bigamy is, solicitation does not apply (Maine State Legislature, 2011e). Inchoate punishment for bigamy is at the same level that bigamy is (Maine State Legislature, 2011c; Maine State Legislature, 2011d). There is additional liability regarding accomplices, which is also punishable at the same level as bigamy (Maine State Legislature, 2011b).

Round-Up of Laws:

Due to the absent adultery law, dyadic non-monogamists have minimal liability. However, the purportation in bigamy does provide liability for non-dyadic non-monogamous families, with inchoate offences extending that liability to the family and anyone involved with the purportation.

Non-Monogamous Strategies:

Because of the purportation clause in Maine’s bigamy law, non-dyadic non-monogamists will need to practice a great deal of control over their public appearance. An appearance of a non-dyadic non-monogamous family could bring legal liability to the family. The liability for dyadic non-monogamous families is minimal, however.

References

Maine State Legislature. (2011a). Adultery. (Maine Statutes 17-5-101). Augusta, ME: Maine State Legislature.

Maine State Legislature. (2011b). Criminal liability for conduct of another; accomplices. (Maine Statutes 17-A-1-3-57). Augusta, ME: Maine State Legislature.

Maine State Legislature. (2011c). Criminal conspiracy. (Maine Statutes 17-A-2-7-151). Augusta, ME: Maine State Legislature.

Maine State Legislature. (2011d). Criminal attempt. (Maine Statutes 17-A-2-7-152). Augusta, ME: Maine State Legislature.

Maine State Legislature. (2011e). Criminal solicitation. (Maine Statutes 17-A-2-7-153). Augusta, ME: Maine State Legislature.

Maine State Legislature. (2011f). Bigamy. (Maine Statutes 17-A-2-23-551). Augusta, ME: Maine State Legislature.

Maine State Legislature. (2011g). Imprisonment for crimes other than murder. (Maine Statutes 17-A-3-51-1252). Augusta, ME: Maine State Legislature.

Maine State Legislature. (2011h). Amounts authorized. (Maine Statutes 17-A-3-53-1301). Augusta, ME: Maine State Legislature.

Non-Monogamous Families and the Law, Part 19: Summary of Louisiana Laws

Author's Note:

I'm shocked, Louisiana as a low-liability state? Wow...

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Non-Monogamous Families and the Law, Part 19: Summary of Louisiana Laws

Adultery:

Louisiana has no adultery law, and as such liability for dyadic non-monogamists is minimal.

Bigamy:

Louisiana’s bigamy law is specific to legal marriages. Though there is a cohabitation clause, it’s specific to cohabitation with multiple partners that one is legally married to, and not broad like the typical cohabitation clause. There is no purportation clause in Louisiana for bigamy (Louisiana State Legislature, 2011d).

The punishment for bigamy is imprisonment for up to 5 years and a fine of up to $1,000 (Louisiana State Legislature, 2011d). As bigamy is an unclassified offence there does not appear to be escalating punishment for repeat offences. Inchoate laws apply in the case of conspiracy and attempt, with conspiracy punishable at the same level as bigamy, and attempt at one-half, up to 2.5 years imprisonment and up to $500 fine (Louisiana State Legislature, 2011b; Louisiana State Legislature, 2011c).

Additionally Louisiana has a law regarding being a principal to a crime, which applies along the same lines as conspiracy, but covers aiding and abetting. The punishment for being a principal to bigamy is at the same level as bigamy (Louisiana State Legislature, 2011a). There’s also a specific law in Louisiana regarding abetting in bigamy, which is punishable at the same level as bigamy (Louisiana State Legislature, 2011e). Both of these laws would cover almost any circumstance that a bigamous marriage would take place.

Round-Up of Laws:

Because of a lack of an adultery law, and a soft bigamy law (no cohabitation or purportation), Louisiana is rather non-monogamous friendly. The only liability exists if there’s an actual legal bigamous marriage. In the event of one, inchoate liability is rather extensive with the combination of attempt, conspiracy, principality and abetting.

Non-Monogamous Strategies:

The limited liability for non-monogamists beyond bigamous marriage means the only activity that should be avoided is actually having a bigamous marriage. Beyond this there is minimal liability for non-monogamists.

References

Louisiana State Legislature. (2011a). Principals. (Louisiana Revised Statutes 14-24). Baton Rouge, LA: Louisiana State Legislature.

Louisiana State Legislature. (2011b). Criminal Conspiracy. (Louisiana Revised Statutes 14-26). Baton Rouge, LA: Louisiana State Legislature.

Louisiana State Legislature. (2011c). Attempt; penalties; attempt on a peace officer; enhanced penalties. (Louisiana Revised Statutes 14-27). Baton Rouge, LA: Louisiana State Legislature.

Louisiana State Legislature. (2011d). Bigamy. (Louisiana Revised Statutes 14-24). Baton Rouge, LA: Louisiana State Legislature.

Louisiana State Legislature. (2011e). Abetting in bigamy. (Louisiana Revised Statutes 14-24). Baton Rouge, LA: Louisiana State Legislature.

Non-Monogamous Families and the Law, Part 18: Summary of Iowa Laws

Author's Note:

Thankfully Indiana and Iowa were rather simple, I was able to get through them very easily. I'm back on track now (-:

It's nice to see more states in the same category as California and D.C. for non-mono liability.

- Jason

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Non-Monogamous Families and the Law, Part 18: Summary of Iowa Laws

Adultery:

Iowa has no adultery law, which dramatically limits liability for dyadic non-monogamies.

Bigamy:

Iowa’s bigamy law is only applicable in the case of actual bigamous marriages; purportation and cohabitation are not applicable (Iowa State Legislature, 2011e). Liability of said marriages is extended to both the marryer and marryee however (Iowa State Legislature, 2011e). As a serious misdemeanor (Iowa State Legislature, 2011e), a bigamy offence is liable for up to one year imprisonment and a fine from $315 to $1,875 (Iowa State Legislature, 2011f).

As a misdemeanor, bigamy is not applicable for escalating punishments for repeat offences. Inchoate laws do not apply to bigamy (Iowa State Legislature, 2011c; Iowa State Legislature, 2011d), due to its status as a serious misdemeanor. However, laws about aiding and abetting (Iowa State Legislature, 2011a) and joint criminal conduct (Iowa State Legislature, 2011b) do apply, covering most of the missing territory. Liability varies, where joint conduct is equal liability (Iowa State Legislature, 2011b), and aiding and abetting is rather vauge, but potentially the same (Iowa State Legislature, 2011a).

Round-Up of Laws:

Due to the absence of adultery and purportation/cohabitation bigamy, liability is very low, and only applicable if an actual bigamous marriage exists. In the case that it does, aiding and abetting and joint conduct apply in place of inchoate laws, covering much of the same situations that would be applicable under inchoate.

Non-Monogamous Strategies:

Because the only liability exists around bigamous marriage, liability can be avoided easily: don’t marry more than one person at a time.

References

Iowa State Legislature. (2011a). Aiding and abetting. (Iowa Code 703.1). Des Moines, IA: Iowa State Legislature.

Iowa State Legislature. (2011b). Accessory after the fact. (Iowa Code 703.3). Des Moines, IA: Iowa State Legislature.

Iowa State Legislature. (2011c). Solicitation. (Iowa Code 705.1). Des Moines, IA: Iowa State Legislature.

Iowa State Legislature. (2011d). Conspiracy. (Iowa Code 706.1). Des Moines, IA: Iowa State Legislature.

Iowa State Legislature. (2011e). Bigamy. (Iowa Code 726.1). Des Moines, IA: Iowa State Legislature.

Iowa State Legislature. (2011f). Maximum sentence for misdemeanants. (Iowa Code 903.1). Des Moines, IA: Iowa State Legislature.

Non-Monogamous Families and the Law, Part 17: Summary of Indiana Laws

Non-Monogamous Families and the Law, Part 17: Summary of Indiana Laws

Adultery:

Indiana has no adultery laws, and as such liability is negligible for dyadic non-monogamies (swingers & open relationships).

Bigamy:

Bigamy in Indiana is limited to the bigamous marryer, without purportation or cohabitation (Indiana State Legislature, 2011c). The marryee suffers no liability. Bigamy is a class D felony (Indiana State Legislature, 2011c), punishable by 6 months to 3 years imprisonment and a fine of up to $10,000 (Indiana State Legislature, 2011d). There is escalating punishments for repeat offences, which maximizes the repeat offence at three times of the imprisonment length of normal, 1.5 years to 9 years for bigamy (Indiana State Legislature, 2011d; Indiana State Legislature, 2011e). Attempt and conspiracy apply for inchoate (Indiana State Legislature, 2011a; Indiana State Legislature, 2011b), how solicitation is defined differently in Indiana compared to most states and doesn’t apply. This does not limit potential inchoate liability much however. Bigamy attempt and conspiracy is liable at the same level as bigamy proper (Indiana State Legislature, 2011a; Indiana State Legislature, 2011b).

Round-Up of Laws:

Liability for non-monogamists in Indiana is very light, with no adultery laws and bigamy having no cohabitation or purportation clause. Dyadic non-monogamies suffer from no liability, and non-dyadics only liability is if they actually marry bigamously. Through this, inchoate liability is minimal, as there are few situations where actually bigamous marriage would exist.

Non-Monogamous Strategies:

Because of the limited liability all around, the only things that non-monogamists should avoid is to actually marry more than one person at a time. This will remove all legal liability for non-monogamous behavior.

References

Indiana State Legislature. (2011a). Attempt. (Indiana Code 35-41-5-1). Indianapolis, IN: Indiana State Legislature.

Indiana State Legislature. (2011b). Conspiracy. (Indiana Code 35-41-5-2). Indianapolis, IN: Indiana State Legislature.

Indiana State Legislature. (2011c). Bigamy. (Indiana Code 35-46-1-2). Indianapolis, IN: Indiana State Legislature.

Indiana State Legislature. (2011d). Class D felony. (Indiana Code 35-50-2-7). Indianapolis, IN: Indiana State Legislature.

Indiana State Legislature. (2011e). Habitual offenders. (Indiana Code 35-50-2-8). Indianapolis, IN: Indiana State Legislature.

Non-Monogamous Families and the Law, Part 16: Summary of Illinois Laws

Non-Monogamous Families and the Law, Part 16: Summary of Illinois Laws

Adultery:

Illinois adultery law possesses liability for both parties in adultery, providing broad liability for non-monogamists of all forms (Illinois State Legislature, 2011d). Adultery in Illinois is considered a class A misdemeanor (Illinois State Legislature, 2011d), punishable by up to one year of imprisonment, and a fine of up to $2,500 (Illinois State Legislature, 2011i). Escalating punishment for repeat offence isn’t applicable to adultery (Illinois State Legislature, 2011k). Inchoate laws are fully applicable and punishable in the same way as adultery regular is (Illinois State Legislature, 2011a; Illinois State Legislature, 2011b; Illinois State Legislature, 2011c).

Additionally, Illinois has a fornication law, applicable to unmarried individuals in a sexual relationship (Illinois State Legislature, 2011e). Fornication is considered a class B misdemeanor (Illinois State Legislature, 2011e), with up to 6 months imprisonment and up to $1,500 in fines (Illinois State Legislature, 2011j). A lack of escalating punishments and the applicability of inchoate laws apply in the same way to fornication as it does to adultery (Illinois State Legislature, 2011a; Illinois State Legislature, 2011b; Illinois State Legislature, 2011c; Illinois State Legislature, 2011k).

Bigamy:

Illinois bigamy law is specific to only legal marriages, without any cohabitation or purportation clause(Illinois State Legislature, 2011f). There is, however, liability for both the bigamist and the individual who marries a bigamist (Illinois State Legislature, 2011f). Bigamy proper is considered a class 4 felony (Illinois State Legislature, 2011f), punishable by one to three years imprisonment (Illinois State Legislature, 2011g) and a fine of up to $25,000 (Illinois State Legislature, 2011h). Marrying a bigamist is considered a class A misdemeanor (Illinois State Legislature, 2011f), and punishable the same as adultery (Illinois State Legislature, 2011i). Escalating punishments for repeat offences don’t apply to Bigamy (Illinois State Legislature, 2011k); however inchoate laws do apply in full at the same level of liability as bigamy/marrying a bigamist is, as applicable (Illinois State Legislature, 2011a; Illinois State Legislature, 2011b; Illinois State Legislature, 2011c).

Round-Up of Laws:

Though the lack of cohabitation and purportation in the bigamy laws does free up non-dyadic non-monogamists from the worst of the liability, the presence of adultery means that all non-monogamists possess liability to some degree, even outside of a legal marriage because of the fornication laws. The inchoate laws provide the expected level of extended liability so that all members of a non-monogamous family likely have some degree of liability.

Non-Monogamous Strategies:

Because adultery and bigamy aren’t contingent on cohabitation and/or purportation, there is little that can be done to minimize liability. Escaping liability through not getting married is also not applicable due to the fornication law.

References

Illinois State Legislature. (2011a). Solicitation and solicitation of murder. (Illinois Statute 5-8-1). Chicago, IL: Illinois State Legislature.

Illinois State Legislature. (2011b). Conspiracy. (Illinois Statute 5-8-2). Chicago, IL: Illinois State Legislature.

Illinois State Legislature. (2011c). Attempt. (Illinois Statute 5-8-4). Chicago, IL: Illinois State Legislature.

Illinois State Legislature. (2011d). Adultery. (Illinois Statute 5-11-35). Chicago, IL: Illinois State Legislature.

Illinois State Legislature. (2011e). Fornication. (Illinois Statute 5-11-40). Chicago, IL: Illinois State Legislature.

Illinois State Legislature. (2011f). Bigamy. (Illinois Statute 5-11-45). Chicago, IL: Illinois State Legislature.

Illinois State Legislature. (2011g). Class 4 felonies; sentence. (Illinois Statute 5-4.5-45). Chicago, IL: Illinois State Legislature.

Illinois State Legislature. (2011h). Sentence provisions; all felonies. (Illinois Statute 5-4.5-50). Chicago, IL: Illinois State Legislature.

Illinois State Legislature. (2011i). Class A misdemeanors; sentence. (Illinois Statute 5-4.5-55). Chicago, IL: Illinois State Legislature.

Illinois State Legislature. (2011j). Class B misdemeanors; sentence. (Illinois Statute 5-4.5-60). Chicago, IL: Illinois State Legislature.

Illinois State Legislature. (2011k). Habitual criminals. (Illinois Statute 5-4.5-95). Chicago, IL: Illinois State Legislature.

Quick Update

Hi Everyone,

I'm going to get a little behind this week, as I just got my GRE scores yesterday, which was the last bit for my grad school applications, so this weekend is spent finalizing as much as I can with those. Plus I need to work on my NSF Graduate Research Fellowship essays, since the due date for that is coming up very quickly! I'll try to get at least one, preferably two, state reviews out by tomorrow, but please bear with me while I get this stuff done.

For the curious among you:
Verbal: 160, 86%
Quant: 162, 87%
Writing: 5.5, 96% (Woohoo!!!)

Cheers!

- Jason