Friday, January 4, 2013

Legal Reboot 5: Arkansas

Hey everyone, yes really late in getting this out. Amazing how grad school can get in the way of stuff like this. Thankfully I've got a little time until things start up again so I'm hoping to get a few of these out before then. We'll see though.

- Jason


Non-Monogamy and the Law
Review of Arkansas

Simple Bigamy
No Adultery
No Fornication
State Category: Friendly

Bigamy Issue and Rule:
            This is an assessment of the legal liability that non-monogamous families encounter through Arkansas’ bigamy law. The primary rule governing bigamy in Arkansas is code 5-26-2011, with codes 5-4-2012 and 5-4-4015 governing punishment.

            Arkansas bigamy law does not contain a purportation or cohabitation clause, and as such is only applicable to actual bigamous marriages, not the appearance of such. In proving the existence of a marriage, official documentation is not required. Testimony of witnesses to the marriage are allowed3, 4.
            Punishment for bigamy is as a class A misdemeanor1, and is liable for up to one year imprisonment5, and a fine up to $2,5002.

Arkansas Summary:
            As Alabama has no adultery or fornication law, and since bigamy has no purportation or cohabitation clause, the only concern for non-monogamous families is in the form of an actual bigamous marriage. As such all forms of non-monogamy are free from liability under these laws provided there isn’t a bigamous marriage.

Ranking Rational:
            The absence of adultery and fornication laws makes those two easy to rank. For Bigamy, though official documentation of marriage isn’t necessary to establish a marriage, a marriage must have been taken place. Because of this bigamy still gets the ‘simple’ ranking.