Non-Monogamous Families and the Law, Part 47: Summary of Virginia Laws

Non-Monogamous Families and the Law, Part 47: Summary of Virginia Laws

Adultery:

Virginia contains adultery and fornication laws, extending liability to both parties (Virginia State Legislature, 2011i; Virginia State Legislature, 2011l). Both adultery and fornication are liable as a Class 4 misdemeanor (Virginia State Legislature, 2011i; Virginia State Legislature, 2011l) with punishment of a fine up to $250 (Virginia State Legislature, 2011b). There is no repeat escalation, and only inchoate attempt applies (Virginia State Legislature, 2011g), as accessory, conspiracy and solicitation apply only to felonies (Virginia State Legislature, 2011c; Virginia State Legislature, 2011d; Virginia State Legislature, 2011e; Virginia State Legislature, 2011h). The punishment for attempted adultery and attempted fornication is at the same level as the original crimes (Virginia State Legislature, 2011g).

Bigamy:

Virginia contains a simple bigamy law, with liability limited to the marryer and not the marryee under the bigamy law (Virginia State Legislature, 2011k). Liability for bigamy is as a class 4 felony (Virginia State Legislature, 2011k), punishable by 2-10 years imprisonment and a fine up to $100,000 (Virginia State Legislature, 2011a). There is no repeat escalation; however inchoate laws apply in full, with accessory before the fact being at the same liability (Virginia State Legislature, 2011c); accessory after the fact as a class 1 misdemeanor (Virginia State Legislature, 2011d), punishable by up to 12 months imprisonment and a fine up to $2,500 (Virginia State Legislature, 2011b); conspiracy as a class 5 felony (Virginia State Legislature, 2011e), punishable by 1-10 years imprisonment and a fine up to $2,500 (Virginia State Legislature, 2011a); attempt and solicitation as a class 6 felony (Virginia State Legislature, 2011f; Virginia State Legislature, 2011h), punishable by 1-5 years imprisonment and up to $2,500 fine (Virginia State Legislature, 2011a).

In addition to bigamy, there is also a law prohibiting cohabitation of unmarried partners which affects both parties in the same way a cohabitation clause would (Virginia State Legislature, 2011j). Liability is as a class 3 misdemeanor for the first offence (Virginia State Legislature, 2011j), punishable by a fine up to $500 (Virginia State Legislature, 2011b); and a class 1 misdemeanor for consecutive offences (Virginia State Legislature, 2011j), punishable by up to 12 months imprisonment and a fine up to $2,500 (Virginia State Legislature, 2011b). Inchoate only applies with attempt (Virginia State Legislature, 2011c; Virginia State Legislature, 2011d; Virginia State Legislature, 2011e; Virginia State Legislature, 2011g; Virginia State Legislature, 2011h) at the same level as the original law (Virginia State Legislature, 2011g).

Round-Up of Laws:

The combination of adultery, fornication and bigamy laws, with supplementary cohabitation law, creates liability for all forms of non-monogamy. The lowest liability is with unmarried non-monogamists and dyadic non-monogamists, whom only have liability of a fine. Non-dyadic non-monogamists have higher liability from the supplementary cohabitation clause, as well as the additional applicability of inchoate laws on bigamy.

Non-Monogamous Strategies:

Unfortunately the only law in Virginia which has some leeway for non-monogamists is the cohabitation law. This primarily affects non-dyadic non-monogamists, and separate living arrangements divided by married couple would limit the liability these non-monogamists have.

References

Virginia State Legislature. (2012a). Punishment for conviction of felony; penalty. (Code of Virginia 18.2-10). Richmond, VA: Virginia State Legislature.

Virginia State Legislature. (2012b). Punishment for conviction of misdemeanor. (Code of Virginia 18.2-11). Richmond, VA: Virginia State Legislature.

Virginia State Legislature. (2012c). How principals in the second degree and accessories before the fact punished. (Code of Virginia 18.2-18). Richmond, VA: Virginia State Legislature.

Virginia State Legislature. (2012d). How accessories after the fact punished; certain exceptions. (Code of Virginia 18.2-19). Richmond, VA: Virginia State Legislature.

Virginia State Legislature. (2012e). Conspiracy to commit felony. (Code of Virginia 18.2-22). Richmond, VA: Virginia State Legislature.

Virginia State Legislature. (2012f). Attempts to commit noncapital felonies; how punished. (Code of Virginia 18.2-26). Richmond, VA: Virginia State Legislature.

Virginia State Legislature. (2012g). Attempts to commit misdemeanors; how punished. (Code of Virginia 18.2-27). Richmond, VA: Virginia State Legislature.

Virginia State Legislature. (2012h). Criminal solicitation; penalty. (Code of Virginia 18.2-29). Richmond, VA: Virginia State Legislature.

Virginia State Legislature. (2012i). Fornication. (Code of Virginia 18.2-344). Richmond, VA: Virginia State Legislature.

Virginia State Legislature. (2012j). Lewd and lascivious cohabitation. (Code of Virginia 18.2-345). Richmond, VA: Virginia State Legislature.

Virginia State Legislature. (2012k). Person marrying when husband or wife is living; penalty; venue. (Code of Virginia 18.2-362). Richmond, VA: Virginia State Legislature.

Virginia State Legislature. (2012l). Adultery defined; penalty. (Code of Virginia 18.2-365). Richmond, VA: Virginia State Legislature.