Non-Monogamous Families and the Law, Part 46: Summary of Vermont Laws

Non-Monogamous Families and the Law, Part 46: Summary of Vermont Laws

Adultery:

Vermont has no adultery law, however there is a rather vague Lewd and Lascivious conduct law, which applies only to “open and gross” conduct (Vermont State Legislature, 2012k). This vaguely defined law could apply like a fornication and/or adultery law, and will be treated as such for the purposes of this review.

Lewd and Lascivious conduct is liable as a felony (Vermont State Legislature, 2012a), punishable by up to 5 years imprisonment and a fine up to $300 (Vermont State Legislature, 2012k). Inchoate laws apply partially, with attempt and accessory laws applying at the same liability (Vermont State Legislature, 2012b; Vermont State Legislature, 2012c; Vermont State Legislature, 2012d; Vermont State Legislature, 2012g), and conspiracy not applicable (Vermont State Legislature, 2012j). Additionally there is inciting and compounding laws, with inciting acting like solicitation (Vermont State Legislature, 2012e), and compounding applicable if there is an exchange for the concealment or compoundment of the act (Vermont State Legislature, 2012f). Though conspiracy isn’t applicable, the overall inchoate applicability because of these laws covers similar ground.

Punishment for all applicable inchoate laws is at the same level as lewd and lascivious (Vermont State Legislature, 2012b; Vermont State Legislature, 2012c; Vermont State Legislature, 2012d; Vermont State Legislature, 2012g), with the exception of inciting which increases the fine to up to $500 (Vermont State Legislature, 2012e), and compoundment which increases the imprisonment to up to 10 years and the fine to up to $1,000 (Vermont State Legislature, 2012f).

There is repeat escalation, in after the 4th commission of a felony offence the punishment is up to life imprisonment (Vermont State Legislature, 2012h).

Bigamy:

Vermont bigamy has a cohabitation clause, however is only applicable to the marryer (Vermont State Legislature, 2012j). Liability is as a felony (Vermont State Legislature, 2012a), with imprisonment for up to 5 years, and no fine (Vermont State Legislature, 2012j). Inchoate and repeat escalation applies identically as to lewd and lascivious (Vermont State Legislature, 2012b; Vermont State Legislature, 2012c; Vermont State Legislature, 2012d; Vermont State Legislature, 2012e; Vermont State Legislature, 2012f; Vermont State Legislature, 2012g; Vermont State Legislature, 2012h).

Round-Up of Laws:

The combination of lewd and lascivious and cohabitation for bigamy creates a broad base of liability for all non-monogamists, especially considering the punishments for both are very similar. The inchoate laws also create a fairly broad base of liability for affiliated parties. In addition, with the felony applicability of lewd and lascivious and bigamy, and the life imprisonment for the 4th conviction, there is a high danger of encountering this punishment if care is not taken.

Non-Monogamous Strategies:

The weakness in Vermont’s laws is in the vagueness of the lewd and lascivious law. It could be argued that “open and gross” only applies to public display, or to non-monogamous families who are publicly known to be as such.

Additionally, non-dyadic non-monogamists would need to show care about cohabitation situations, and may wish to divide up residences by marriages to limit liability to bigamy.

References

Vermont State Legislature. (2012a). Felonies and misdemeanors defined. (Vermont Statutes 13.1). Montpelier, VT: Vermont State Legislature.

Vermont State Legislature. (2012b). Accessory aiding commission of felony. (Vermont Statutes 13.3). Montpelier, VT: Vermont State Legislature.

Vermont State Legislature. (2012c). Accessory before the fact. (Vermont Statutes 13.4). Montpelier, VT: Vermont State Legislature.

Vermont State Legislature. (2012d). Accessory after the fact. (Vermont Statutes 13.5). Montpelier, VT: Vermont State Legislature.

Vermont State Legislature. (2012e). Inciting to felony. (Vermont Statutes 13.7). Montpelier, VT: Vermont State Legislature.

Vermont State Legislature. (2012f). Compounding felony. (Vermont Statutes 13.8). Montpelier, VT: Vermont State Legislature.

Vermont State Legislature. (2012g). Attempts. (Vermont Statutes 13.9). Montpelier, VT: Vermont State Legislature.

Vermont State Legislature. (2012h). Habitual criminals. (Vermont Statutes 13.11). Montpelier, VT: Vermont State Legislature.

Vermont State Legislature. (2012i). Bigamy. (Vermont Statutes 13.206). Montpelier, VT: Vermont State Legislature.

Vermont State Legislature. (2012j). Conspiracy. (Vermont Statutes 13.1404). Montpelier, VT: Vermont State Legislature.

Vermont State Legislature. (2012k). Lewd and lascivious conduct. (Vermont Statutes 13.2601). Montpelier, VT: Vermont State Legislature.