Non-Monogamous Families and the Law, Part 41: Summary of South Carolina Laws
Adultery:
Adultery in South Carolina is applicable to both parties (South Carolina State Legislature, 2011g), and is considered a class C misdemeanor (South Carolina State Legislature, 2011c), punishable by imprisonment for 6 to 12 months and/or a fine of $100 to $500 (South Carolina State Legislature, 2011f). South Carolina also has laws against fornication (South Carolina State Legislature, 2011h), which carry the same liability (South Carolina State Legislature, 2011c; South Carolina State Legislature, 2011f). Repeat escalation does not apply as neither are high-class felonies (South Carolina State Legislature, 2011d). Inchoate offence does not apply either, as neither are any grade of felony (South Carolina State Legislature, 2011a; South Carolina State Legislature, 2011i).
Bigamy:
Bigamy in South Carolina is specific to bigamous marriage, without purportation or cohabitation (South Carolina State Legislature, 2011e). Bigamy is a class F felony (South Carolina State Legislature, 2011b), punishable by imprisonment from ½ a year to 5 years, and a fine up to $500 (South Carolina State Legislature, 2011e). Repeat escalation does not apply as bigamy is not a high-grade felony (South Carolina State Legislature, 2011d). Accessory and conspiracy do apply, and both are liable at the same level as bigamy (South Carolina State Legislature, 2011a; South Carolina State Legislature, 2011i).
Round-Up of Laws:
Because of the presence of fornication, adultery and simple bigamy (without purportation and/or cohabitation), there is full liability for all forms of non-monogamy. Because bigamy is simple, the liability is similar despite form, as bigamy wouldn’t be directly applicable to (most) non-dyadic families. The lack of comprehensive inchoate laws (accessory and conspiracy only) eases liability for well-networked families.
Non-Monogamous Strategies:
As bigamy is simple, and there are adultery and fornication laws, there is little that non-monogamists can do to avoid liability.
References
South Carolina State Legislature. (2011a). Accessory. (South Carolina Code of Laws 16-1-40). Columbia, SC: South Carolina State Legislature.
South Carolina State Legislature. (2011b). Crimes classified as felonies. (South Carolina Code of Laws 16-1-90). Columbia, SC: South Carolina State Legislature.
South Carolina State Legislature. (2011c). Crimes classified as misdemeanors. (South Carolina Code of Laws 16-1-100). Columbia, SC: South Carolina State Legislature.
South Carolina State Legislature. (2011d). Increased sentences for repeat offenders. (South Carolina Code of Laws 16-1-120). Columbia, SC: South Carolina State Legislature.
South Carolina State Legislature. (2011e). Bigamy. (South Carolina Code of Laws 16-15-10). Columbia, SC: South Carolina State Legislature.
South Carolina State Legislature. (2011f). Adultery or fornication. (South Carolina Code of Laws 16-15-70). Columbia, SC: South Carolina State Legislature.
South Carolina State Legislature. (2011g). “Adultery” defined. (South Carolina Code of Laws 16-15-70). Columbia, SC: South Carolina State Legislature.
South Carolina State Legislature. (2011h). “Fornication” defined. (South Carolina Code of Laws 16-1-40). Columbia, SC: South Carolina State Legislature.
South Carolina State Legislature. (2011i). Conspiracy. (South Carolina Code of Laws 16-17-410). Columbia, SC: South Carolina State Legislature.
Wednesday, December 28, 2011
Tuesday, December 27, 2011
Non-Monogamous Families and the Law, Part 40: Summary of Rhode Island Laws
Author's Note:
Lots of free time, very well rested, feeling energized = tons of enthusiasm and energy to do state reviews (-: just 11 more to go!
- Jason
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Non-Monogamous Families and the Law, Part 40: Summary of Rhode Island Laws
Adultery:
Rhode Island adultery applies to both parties, and is punishable with a fine only, up to $500 (Rhode Island State Legislature, 2011e). Repeat escalation appears to not apply, and inchoate solicitation, conspiracy and aiding/abetting apply at the same level as adultery (Rhode Island State Legislature, 2011a; Rhode Island State Legislature, 2011b; Rhode Island State Legislature, 2011c). There appears to be no attempt law.
Bigamy:
Rhode Island bigamy law contains a cohabitation clause, however is only applicable to the marryer (Rhode Island State Legislature, 2011d). Punishment is with a fine only, up to $1,000 (Rhode Island State Legislature, 2011d). Inchoate solicitation, conspiracy and aiding/abetting apply at the same liability (Rhode Island State Legislature, 2011a; Rhode Island State Legislature, 2011b; Rhode Island State Legislature, 2011c), with no attempt law.
Round-Up of Laws:
With no imprisonment sentence applicable, overall liability is a financial matter only. Since there is no fornication law, being unmarried effectively eliminates criminal liability. Dyadic non-monogamists have liability at the $500 level, and non-dyadic non-monogamists have liability at the $1,000 level because of the cohabitation clause.
Non-Monogamous Strategies:
Because of the lack of a fornication law, being unmarried is the best way to limit liability. For non-dyadic non-monogamists who retain their marriage, separating housing situations by marriage will avoid liability from bigamy.
References
Rhode Island State Legislature. (2011a). Liability for aiding, abetting, counseling, hiring, or commanding offences. (Rhode Island General Laws 11-1-3). Providence, RI: Rhode Island State Legislature.
Rhode Island State Legislature. (2011b). Conspiracy. (Rhode Island General Laws 11-1-6). Providence, RI: Rhode Island State Legislature.
Rhode Island State Legislature. (2011c). Soliciting another to commit a crime. (Rhode Island General Laws 11-1-9). Providence, RI: Rhode Island State Legislature.
Rhode Island State Legislature. (2011d). Bigamy. (Rhode Island General Laws 11-6-1). Providence, RI: Rhode Island State Legislature.
Rhode Island State Legislature. (2011e). Adultery. (Rhode Island General Laws 11-6-2). Providence, RI: Rhode Island State Legislature.
Non-Monogamous Families and the Law, Part 40: Summary of Rhode Island Laws
Adultery:
Rhode Island adultery applies to both parties, and is punishable with a fine only, up to $500 (Rhode Island State Legislature, 2011e). Repeat escalation appears to not apply, and inchoate solicitation, conspiracy and aiding/abetting apply at the same level as adultery (Rhode Island State Legislature, 2011a; Rhode Island State Legislature, 2011b; Rhode Island State Legislature, 2011c). There appears to be no attempt law.
Bigamy:
Rhode Island bigamy law contains a cohabitation clause, however is only applicable to the marryer (Rhode Island State Legislature, 2011d). Punishment is with a fine only, up to $1,000 (Rhode Island State Legislature, 2011d). Inchoate solicitation, conspiracy and aiding/abetting apply at the same liability (Rhode Island State Legislature, 2011a; Rhode Island State Legislature, 2011b; Rhode Island State Legislature, 2011c), with no attempt law.
Round-Up of Laws:
With no imprisonment sentence applicable, overall liability is a financial matter only. Since there is no fornication law, being unmarried effectively eliminates criminal liability. Dyadic non-monogamists have liability at the $500 level, and non-dyadic non-monogamists have liability at the $1,000 level because of the cohabitation clause.
Non-Monogamous Strategies:
Because of the lack of a fornication law, being unmarried is the best way to limit liability. For non-dyadic non-monogamists who retain their marriage, separating housing situations by marriage will avoid liability from bigamy.
References
Rhode Island State Legislature. (2011a). Liability for aiding, abetting, counseling, hiring, or commanding offences. (Rhode Island General Laws 11-1-3). Providence, RI: Rhode Island State Legislature.
Rhode Island State Legislature. (2011b). Conspiracy. (Rhode Island General Laws 11-1-6). Providence, RI: Rhode Island State Legislature.
Rhode Island State Legislature. (2011c). Soliciting another to commit a crime. (Rhode Island General Laws 11-1-9). Providence, RI: Rhode Island State Legislature.
Rhode Island State Legislature. (2011d). Bigamy. (Rhode Island General Laws 11-6-1). Providence, RI: Rhode Island State Legislature.
Rhode Island State Legislature. (2011e). Adultery. (Rhode Island General Laws 11-6-2). Providence, RI: Rhode Island State Legislature.
Non-Monogamous Families and the Law, Part 39: Summary of Pennsylvania Laws
Non-Monogamous Families and the Law, Part 39: Summary of Pennsylvania Laws
Adultery:
Pennsylvania has no adultery or fornication laws.
Bigamy:
Pennsylvania bigamy has a purportation clause, and is liable for both marryer and marryee as a second degree misdemeanor (Pennsylvania State Legislature, 2011g). Punishment is up to two years imprisonment (Pennsylvania State Legislature, 2011f) and a fine up to $5,000 (Pennsylvania State Legislature, 2011e). Repeat escalation appears to not apply, though a standard range of inchoate offences, attempt, solicitation and conspiracy, apply at the same level of liability as bigamy (Pennsylvania State Legislature, 2011a; Pennsylvania State Legislature, 2011b; Pennsylvania State Legislature, 2011c; Pennsylvania State Legislature, 2011d).
Round-Up of Laws:
With the absence of fornication and adultery laws, unmarried and dyadic non-monogamists have minimal liability. Non-dyadic non-monogamists, however, are liable under the purportation clause in bigamy.
Non-Monogamous Strategies:
Since the only liability comes from the bigamy law, non-dyadic non-monogamists would need to either not be married, or practice a great deal of control over their public image.
References
Pennsylvania State Legislature. (2011a). Criminal attempt. (Pennsylvania Consolidated Statutes 901). Harrisburg, PA: Pennsylvania State Legislature.
Pennsylvania State Legislature. (2011b). Criminal solicitation. (Pennsylvania Consolidated Statutes 902). Harrisburg, PA: Pennsylvania State Legislature.
Pennsylvania State Legislature. (2011c). Criminal conspiracy. (Pennsylvania Consolidated Statutes 903). Harrisburg, PA: Pennsylvania State Legislature.
Pennsylvania State Legislature. (2011d). Grading of criminal attempt, solicitation and conspiracy. (Pennsylvania Consolidated Statutes 901). Harrisburg, PA: Pennsylvania State Legislature.
Pennsylvania State Legislature. (2011e). Fines. (Pennsylvania Consolidated Statutes 1101). Harrisburg, PA: Pennsylvania State Legislature.
Pennsylvania State Legislature. (2011f). Sentence of imprisonment for misdemeanors. (Pennsylvania Consolidated Statutes 1104). Harrisburg, PA: Pennsylvania State Legislature.
Pennsylvania State Legislature. (2011g). Bigamy. (Pennsylvania Consolidated Statutes 4301). Harrisburg, PA: Pennsylvania State Legislature.
Adultery:
Pennsylvania has no adultery or fornication laws.
Bigamy:
Pennsylvania bigamy has a purportation clause, and is liable for both marryer and marryee as a second degree misdemeanor (Pennsylvania State Legislature, 2011g). Punishment is up to two years imprisonment (Pennsylvania State Legislature, 2011f) and a fine up to $5,000 (Pennsylvania State Legislature, 2011e). Repeat escalation appears to not apply, though a standard range of inchoate offences, attempt, solicitation and conspiracy, apply at the same level of liability as bigamy (Pennsylvania State Legislature, 2011a; Pennsylvania State Legislature, 2011b; Pennsylvania State Legislature, 2011c; Pennsylvania State Legislature, 2011d).
Round-Up of Laws:
With the absence of fornication and adultery laws, unmarried and dyadic non-monogamists have minimal liability. Non-dyadic non-monogamists, however, are liable under the purportation clause in bigamy.
Non-Monogamous Strategies:
Since the only liability comes from the bigamy law, non-dyadic non-monogamists would need to either not be married, or practice a great deal of control over their public image.
References
Pennsylvania State Legislature. (2011a). Criminal attempt. (Pennsylvania Consolidated Statutes 901). Harrisburg, PA: Pennsylvania State Legislature.
Pennsylvania State Legislature. (2011b). Criminal solicitation. (Pennsylvania Consolidated Statutes 902). Harrisburg, PA: Pennsylvania State Legislature.
Pennsylvania State Legislature. (2011c). Criminal conspiracy. (Pennsylvania Consolidated Statutes 903). Harrisburg, PA: Pennsylvania State Legislature.
Pennsylvania State Legislature. (2011d). Grading of criminal attempt, solicitation and conspiracy. (Pennsylvania Consolidated Statutes 901). Harrisburg, PA: Pennsylvania State Legislature.
Pennsylvania State Legislature. (2011e). Fines. (Pennsylvania Consolidated Statutes 1101). Harrisburg, PA: Pennsylvania State Legislature.
Pennsylvania State Legislature. (2011f). Sentence of imprisonment for misdemeanors. (Pennsylvania Consolidated Statutes 1104). Harrisburg, PA: Pennsylvania State Legislature.
Pennsylvania State Legislature. (2011g). Bigamy. (Pennsylvania Consolidated Statutes 4301). Harrisburg, PA: Pennsylvania State Legislature.
Non-Monogamous Families and the Law, Part 38: Summary of Oregon Laws
Non-Monogamous Families and the Law, Part 38: Summary of Oregon Laws
Adultery:
Oregon has no adultery or fornication laws.
Bigamy:
Oregon bigamy law has a purportation clause, though the marryer is the only one liable. Bigamy is a class C felony (Oregon State Legislature, 2011i) and is punishable by up to 5 years of imprisonment (Oregon State Legislature, 2011e) and a fine up to $125,000 (Oregon State Legislature, 2011g). Repeat escalation appears to not apply, however a full range of inchoate laws, attempt, solicitation, conspiracy and criminal liability, apply (Oregon State Legislature, 2011a; Oregon State Legislature, 2011b; Oregon State Legislature, 2011c; Oregon State Legislature, 2011d). Criminal liability and conspiracy are punishable at the same level as bigamy (Oregon State Legislature, 2011a; Oregon State Legislature, 2011d), with attempt and solicitation liable as a class A misdemeanor (Oregon State Legislature, 2011b; Oregon State Legislature, 2011c), punishable by up to 1 year imprisonment (Oregon State Legislature, 2011f) and a fine up to $6,250 (Oregon State Legislature, 2011h).
Round-Up of Laws:
With the lack of adultery and fornication laws, there is minimal liability for unmarried non-monogamists and dyadic non-monogamists. The excessive financial penalties for bigamy, and the purportation clause, though, provide a great deal of liability for non-dyadic non-monogamists.
Non-Monogamous Strategies:
Because liability rests mainly just with non-dyadic non-monogamists, either not having a marriage, or observing careful control on public image, due to the purportation clause, is necessary to limit liability.
References
Oregon State Legislature. (2011a). Criminal liability for conduct of another. (Oregon Revised Statutes 161.155). Salem, OR: Oregon State Legislature.
Oregon State Legislature. (2011b). “Attempt” described. (Oregon Revised Statutes 161.405). Salem, OR: Oregon State Legislature.
Oregon State Legislature. (2011c). “Solicitation” described. (Oregon Revised Statutes 161.435). Salem, OR: Oregon State Legislature.
Oregon State Legislature. (2011d). “Conspiracy” described. (Oregon Revised Statutes 161.450). Salem, OR: Oregon State Legislature.
Oregon State Legislature. (2011e). Maximum prison time for felonies. (Oregon Revised Statutes 161.605). Salem, OR: Oregon State Legislature.
Oregon State Legislature. (2011f). Prison terms for misdemeanors. (Oregon Revised Statutes 161.615). Salem, OR: Oregon State Legislature.
Oregon State Legislature. (2011g). Fines for felonies. (Oregon Revised Statutes 161.625). Salem, OR: Oregon State Legislature.
Oregon State Legislature. (2011h). Fines for misdemeanors. (Oregon Revised Statutes 161.635). Salem, OR: Oregon State Legislature.
Oregon State Legislature. (2011i). Bigamy. (Oregon Revised Statutes 163.515). Salem, OR: Oregon State Legislature.
Adultery:
Oregon has no adultery or fornication laws.
Bigamy:
Oregon bigamy law has a purportation clause, though the marryer is the only one liable. Bigamy is a class C felony (Oregon State Legislature, 2011i) and is punishable by up to 5 years of imprisonment (Oregon State Legislature, 2011e) and a fine up to $125,000 (Oregon State Legislature, 2011g). Repeat escalation appears to not apply, however a full range of inchoate laws, attempt, solicitation, conspiracy and criminal liability, apply (Oregon State Legislature, 2011a; Oregon State Legislature, 2011b; Oregon State Legislature, 2011c; Oregon State Legislature, 2011d). Criminal liability and conspiracy are punishable at the same level as bigamy (Oregon State Legislature, 2011a; Oregon State Legislature, 2011d), with attempt and solicitation liable as a class A misdemeanor (Oregon State Legislature, 2011b; Oregon State Legislature, 2011c), punishable by up to 1 year imprisonment (Oregon State Legislature, 2011f) and a fine up to $6,250 (Oregon State Legislature, 2011h).
Round-Up of Laws:
With the lack of adultery and fornication laws, there is minimal liability for unmarried non-monogamists and dyadic non-monogamists. The excessive financial penalties for bigamy, and the purportation clause, though, provide a great deal of liability for non-dyadic non-monogamists.
Non-Monogamous Strategies:
Because liability rests mainly just with non-dyadic non-monogamists, either not having a marriage, or observing careful control on public image, due to the purportation clause, is necessary to limit liability.
References
Oregon State Legislature. (2011a). Criminal liability for conduct of another. (Oregon Revised Statutes 161.155). Salem, OR: Oregon State Legislature.
Oregon State Legislature. (2011b). “Attempt” described. (Oregon Revised Statutes 161.405). Salem, OR: Oregon State Legislature.
Oregon State Legislature. (2011c). “Solicitation” described. (Oregon Revised Statutes 161.435). Salem, OR: Oregon State Legislature.
Oregon State Legislature. (2011d). “Conspiracy” described. (Oregon Revised Statutes 161.450). Salem, OR: Oregon State Legislature.
Oregon State Legislature. (2011e). Maximum prison time for felonies. (Oregon Revised Statutes 161.605). Salem, OR: Oregon State Legislature.
Oregon State Legislature. (2011f). Prison terms for misdemeanors. (Oregon Revised Statutes 161.615). Salem, OR: Oregon State Legislature.
Oregon State Legislature. (2011g). Fines for felonies. (Oregon Revised Statutes 161.625). Salem, OR: Oregon State Legislature.
Oregon State Legislature. (2011h). Fines for misdemeanors. (Oregon Revised Statutes 161.635). Salem, OR: Oregon State Legislature.
Oregon State Legislature. (2011i). Bigamy. (Oregon Revised Statutes 163.515). Salem, OR: Oregon State Legislature.
Non-Monogamous Families and the Law, Part 37: Summary of Oklahoma Laws
Non-Monogamous Families and the Law, Part 37: Summary of Oklahoma Laws
Adultery:
Oklahoma adultery makes both parties liable (Oklahoma State Legislature, 2011c). Additionally, there’s a rather odd internal prosecution clause, which allows for only the offended spouse to press charges, however it seems this can be waived in the case that the adulterous individuals are cohabiting together in “open and notorious adultery.” (Oklahoma State Legislature, 2011c) Adultery is considered to be a felony, and is punishable by up to 5 years imprisonment and a fine up to $500 (Oklahoma State Legislature, 2011d). Repeat escalation seems to not apply, and inchoate offences are limited to attempt (Oklahoma State Legislature, 2011a) and conspiracy, though Oklahoma conspiracy has conditions that mirror solicitation (Oklahoma State Legislature, 2011b). Punishment for attempt is at ½ the level of adultery, up to 2.5 years imprisonment and a fine up to $250 (Oklahoma State Legislature, 2011a). Conspiracy is actually punishable beyond adultery, at up to 10 years imprisonment and a fine up to $5,000 (Oklahoma State Legislature, 2011b). Oklahoma has no fornication law.
Bigamy:
Bigamy in Oklahoma has no purportation or cohabitation clause (Oklahoma State Legislature, 2011e); however punishments are different for the marryer and the marryee, with both considered a felony. The marryer is liable for up to 5 years imprisonment (Oklahoma State Legislature, 2011f), where the marryee is liable for the same imprisonment in addition to a fine up to $500 (Oklahoma State Legislature, 2011g). There doesn’t appear to be repeat escalation for bigamy, and inchoate applies in the same way to bigamy as it does to adultery, with attempt being at ½ and conspiracy at 10 years/$5,000 (Oklahoma State Legislature, 2011a; Oklahoma State Legislature, 2011b).
Round-Up of Laws:
Though Oklahoma has adultery and bigamy laws, its lack of a fornication law makes liability for unmarried non-monogamists minimal. Because of the excessive level of punishment for adultery, dyadic non-monogamists are in danger, but due to the internal nature of the adultery law it’s only an issue if one of the spouses chooses to prosecute. The bulk of the liability is with the non-dyadic non-monogamists, where they are easily liable under the open and notorious clause in adultery, and under bigamy is a bigamous marriage does actually exist.
Non-Monogamous Strategies:
Because of the lack of a fornication law, the easiest way to avoid liability is to not be married. Assuming this isn’t an option, maintaining a healthy relationship is important due to the internal nature of the adultery law, and for non-dyadic non-monogamists having separate living arrangements based on marriages would be important to avoid liability under open and notorious adultery.
References
Oklahoma State Legislature. (2011a). Attempts to commit crimes – Punishment. (Oklahoma Statutes 21-42). Oklahoma City, OK: Oklahoma State Legislature.
Oklahoma State Legislature. (2011b). Conspiracy – Definitions – Punishment. (Oklahoma Statutes 21-421). Oklahoma City, OK: Oklahoma State Legislature.
Oklahoma State Legislature. (2011c). Adultery defined. (Oklahoma Statutes 21-871). Oklahoma City, OK: Oklahoma State Legislature.
Oklahoma State Legislature. (2011d). Punishment for adultery. (Oklahoma Statutes 21-872). Oklahoma City, OK: Oklahoma State Legislature.
Oklahoma State Legislature. (2011e). Bigamy defined. (Oklahoma Statutes 21-881). Oklahoma City, OK: Oklahoma State Legislature.
Oklahoma State Legislature. (2011f). Bigamy a felony. (Oklahoma Statutes 21-883). Oklahoma City, OK: Oklahoma State Legislature.
Oklahoma State Legislature. (2011g). Person marrying a bigamist. (Oklahoma Statutes 21-884). Oklahoma City, OK: Oklahoma State Legislature.
Adultery:
Oklahoma adultery makes both parties liable (Oklahoma State Legislature, 2011c). Additionally, there’s a rather odd internal prosecution clause, which allows for only the offended spouse to press charges, however it seems this can be waived in the case that the adulterous individuals are cohabiting together in “open and notorious adultery.” (Oklahoma State Legislature, 2011c) Adultery is considered to be a felony, and is punishable by up to 5 years imprisonment and a fine up to $500 (Oklahoma State Legislature, 2011d). Repeat escalation seems to not apply, and inchoate offences are limited to attempt (Oklahoma State Legislature, 2011a) and conspiracy, though Oklahoma conspiracy has conditions that mirror solicitation (Oklahoma State Legislature, 2011b). Punishment for attempt is at ½ the level of adultery, up to 2.5 years imprisonment and a fine up to $250 (Oklahoma State Legislature, 2011a). Conspiracy is actually punishable beyond adultery, at up to 10 years imprisonment and a fine up to $5,000 (Oklahoma State Legislature, 2011b). Oklahoma has no fornication law.
Bigamy:
Bigamy in Oklahoma has no purportation or cohabitation clause (Oklahoma State Legislature, 2011e); however punishments are different for the marryer and the marryee, with both considered a felony. The marryer is liable for up to 5 years imprisonment (Oklahoma State Legislature, 2011f), where the marryee is liable for the same imprisonment in addition to a fine up to $500 (Oklahoma State Legislature, 2011g). There doesn’t appear to be repeat escalation for bigamy, and inchoate applies in the same way to bigamy as it does to adultery, with attempt being at ½ and conspiracy at 10 years/$5,000 (Oklahoma State Legislature, 2011a; Oklahoma State Legislature, 2011b).
Round-Up of Laws:
Though Oklahoma has adultery and bigamy laws, its lack of a fornication law makes liability for unmarried non-monogamists minimal. Because of the excessive level of punishment for adultery, dyadic non-monogamists are in danger, but due to the internal nature of the adultery law it’s only an issue if one of the spouses chooses to prosecute. The bulk of the liability is with the non-dyadic non-monogamists, where they are easily liable under the open and notorious clause in adultery, and under bigamy is a bigamous marriage does actually exist.
Non-Monogamous Strategies:
Because of the lack of a fornication law, the easiest way to avoid liability is to not be married. Assuming this isn’t an option, maintaining a healthy relationship is important due to the internal nature of the adultery law, and for non-dyadic non-monogamists having separate living arrangements based on marriages would be important to avoid liability under open and notorious adultery.
References
Oklahoma State Legislature. (2011a). Attempts to commit crimes – Punishment. (Oklahoma Statutes 21-42). Oklahoma City, OK: Oklahoma State Legislature.
Oklahoma State Legislature. (2011b). Conspiracy – Definitions – Punishment. (Oklahoma Statutes 21-421). Oklahoma City, OK: Oklahoma State Legislature.
Oklahoma State Legislature. (2011c). Adultery defined. (Oklahoma Statutes 21-871). Oklahoma City, OK: Oklahoma State Legislature.
Oklahoma State Legislature. (2011d). Punishment for adultery. (Oklahoma Statutes 21-872). Oklahoma City, OK: Oklahoma State Legislature.
Oklahoma State Legislature. (2011e). Bigamy defined. (Oklahoma Statutes 21-881). Oklahoma City, OK: Oklahoma State Legislature.
Oklahoma State Legislature. (2011f). Bigamy a felony. (Oklahoma Statutes 21-883). Oklahoma City, OK: Oklahoma State Legislature.
Oklahoma State Legislature. (2011g). Person marrying a bigamist. (Oklahoma Statutes 21-884). Oklahoma City, OK: Oklahoma State Legislature.
Saturday, December 24, 2011
Non-Monogamous Families and the Law, Part 36: Summary of Ohio Laws
Non-Monogamous Families and the Law, Part 36: Summary of Ohio Laws
Adultery:
Ohio possesses no adultery or fornication laws.
Bigamy:
Bigamy in Ohio possesses a cohabitation clause, but no purportation clause (Ohio State Legislature, 2011a). Liability is at the level of a first degree misdemeanor (Ohio State Legislature, 2011a), punishable by up to 180 days of imprisonment (Ohio State Legislature, 2011e) and a fine of up to $1,000 (Ohio State Legislature, 2011f). Repeat offence escalation appears to not apply, and inchoate offences apply with varying impact. Attempt is at the level of a second degree misdemeanor (Ohio State Legislature, 2011c), punishable by up to 90 days imprisonment (Ohio State Legislature, 2011e) and up to $700 fine (Ohio State Legislature, 2011f). Conspiracy doesn’t apply (Ohio State Legislature, 2011b), and complicity, which is a combination of solicitation and aiding/abetting, applies as a first degree misdemeanor (Ohio State Legislature, 2011d).
Round-Up of Laws:
The lack of adultery/fornication minimizes liability for dyadic non-monogamists, however the cohabitation clause of bigamy creates an additional level of liability for non-dyadic non-monogamists.
Non-Monogamous Strategies:
The cohabitation clause in bigamy creates a clear, but challenging condition to avoid. Non-dyadic non-monogamists can avoid liability by having separate residences per legal marriage; however this may not be viable for the relationship.
References
Ohio State Legislature. (2011a). Bigamy. (Ohio Revised Code 2919.01). Columbus, OH: Ohio State Legislature.
Ohio State Legislature. (2011b). Conspiracy. (Ohio Revised Code 2923.01). Columbus, OH: Ohio State Legislature.
Ohio State Legislature. (2011c). Attempt to commit an offense. (Ohio Revised Code 2923.02). Columbus, OH: Ohio State Legislature.
Ohio State Legislature. (2011d). Complicity. (Ohio Revised Code 2923.03). Columbus, OH: Ohio State Legislature.
Ohio State Legislature. (2011e). Definite jail terms for misdemeanors. (Ohio Revised Code 2929.24). Columbus, OH: Ohio State Legislature.
Ohio State Legislature. (2011f). Financial sanctions – misdemeanors. (Ohio Revised Code 2929.28). Columbus, OH: Ohio State Legislature.
Non-Monogamous Families and the Law, Part 35: Summary of North Dakota Laws
Non-Monogamous Families and the Law, Part 35: Summary of North Dakota Laws
Adultery:
Adultery in North Dakota provides liability only to the offending spouse, not the external party, and can only be acted on by the offended spouse (North Dakota State Legislature, 2011g). Adultery is a class A misdemeanor (North Dakota State Legislature, 2011g), punishable by imprisonment up to 1 year, and a fine up to $2,000 (North Dakota State Legislature, 2011j). Escalating punishment for repeat offence, and some inchoate offences (facilitation and solicitation) do not apply, as those laws apply only to felonies (North Dakota State Legislature, 2011c; North Dakota State Legislature, 2011d; North Dakota State Legislature, 2011k). For the remaining inchoate offences, criminal accomplice, conspiracy and attempt, punishment is at the same level as adultery, a class A misdemeanor (North Dakota State Legislature, 2011a; North Dakota State Legislature, 2011b; North Dakota State Legislature, 2011e).
Though North Dakota’s fornication law only applies to sexual behavior in public places (North Dakota State Legislature, 2011f), there is another law that prevents “false representation of marital status” which has a fornication-like effect. If a couple lives “openly and notoriously” as if they were married, regardless of marital status, they are liable at the level of a class B misdemeanor (North Dakota State Legislature, 2011i), punishable by up to 30 days imprisonment and a fine up to $1,000 (North Dakota State Legislature, 2011j). Inchoate and repeat offence escalation apply in the same way as it would for adultery, with the applicable inchoate offences being at the class B misdemeanor level (North Dakota State Legislature, 2011a; North Dakota State Legislature, 2011b; North Dakota State Legislature, 2011c; North Dakota State Legislature, 2011d; North Dakota State Legislature, 2011e; North Dakota State Legislature, 2011k).
Bigamy:
Bigamy in North Dakota is specifically limited to actual marriages, without a cohabitation or purportation clause (North Dakota State Legislature, 2011h). It should be noted that the aforementioned “false representation of marital status” can double as a purportation/cohabitation clause for bigamy (North Dakota State Legislature, 2011i), and it will be treated as such for this analysis. Punishment for an actual bigamous marriage is at the class C felony level (North Dakota State Legislature, 2011h), with imprisonment up to 5 years and a fine up to $5,000 (North Dakota State Legislature, 2011j). Repeat offence escalation applies after the third offence, which extends the imprisonment to be up to 10 years (North Dakota State Legislature, 2011k).
Inchoate offences for an actual bigamous marriage apply in full, with criminal accomplice, conspiracy, solicitation, facilitation and attempt (North Dakota State Legislature, 2011a; North Dakota State Legislature, 2011b; North Dakota State Legislature, 2011c; North Dakota State Legislature, 2011d; North Dakota State Legislature, 2011e). Accomplice and conspiracy are at the same level, class C felony, as bigamy (North Dakota State Legislature, 2011a; North Dakota State Legislature, 2011e). Solicitation, facilitation and attempt are punishable as a class A misdemeanor, the same as adultery (North Dakota State Legislature, 2011b; North Dakota State Legislature, 2011c; North Dakota State Legislature, 2011d).
Because the cohabitation/purportation is punishable under North Dakota’s “false representation of marital status” law, its punishment is at the class B misdemeanor level(North Dakota State Legislature, 2011i). It should be noted that the individuals involved must not only be living together, but purport to be married, so both cohabitation and purportation clauses must be met to be liable (North Dakota State Legislature, 2011i).
Round-Up of Laws:
The odd combination of adultery and bigamy, with a modified cohabitation/purportation clause creates a strange liability web, with the lowest liability existing for unmarried cohabitants, then for dyadic non-monogamists, then the highest is for non-dyadics, albeit only because of the odd cohabitation/purportation found in the false representation law.
Non-Monogamous Strategies:
Because the false representation law only creates liability under cohabitation and purportation, changing living arrangements and public image control will reduce liability. Since adultery is limited to only internal action, keeping a stable non-monogamous family can eliminate the liability from adultery. Both of these strategies can effectively limit liability for non-monogamists to minimal levels.
References
North Dakota State Legislature. (2011a). Accomplices. (North Dakota Century Code 12.1-03-01). Bismarck, ND: North Dakota State Legislature.
North Dakota State Legislature. (2011b). Criminal attempt. (North Dakota Century Code 12.1-06-01). Bismarck, ND: North Dakota State Legislature.
North Dakota State Legislature. (2011c). Criminal facilitation. (North Dakota Century Code 12.1-06-02). Bismarck, ND: North Dakota State Legislature.
North Dakota State Legislature. (2011d). Criminal solicitation. (North Dakota Century Code 12.1-06-03). Bismarck, ND: North Dakota State Legislature.
North Dakota State Legislature. (2011e). Criminal conspiracy. (North Dakota Century Code 12.1-06-04). Bismarck, ND: North Dakota State Legislature.
North Dakota State Legislature. (2011f). Fornication. (North Dakota Century Code 12.1-20-08). Bismarck, ND: North Dakota State Legislature.
North Dakota State Legislature. (2011g). Adultery. (North Dakota Century Code 12.1-20-09). Bismarck, ND: North Dakota State Legislature.
North Dakota State Legislature. (2011h). Bigamy. (North Dakota Century Code 12.1-20-13). Bismarck, ND: North Dakota State Legislature.
North Dakota State Legislature. (2011i). False representation of marital status. (North Dakota Century Code 12.1-31-11). Bismarck, ND: North Dakota State Legislature.
North Dakota State Legislature. (2011j). Classification of offences – Penalties. (North Dakota Century Code 12.1-32-01). Bismarck, ND: North Dakota State Legislature.
North Dakota State Legislature. (2011k). Dangerous special offenders – Habitual offenders – Extended sentences – Procedures. (North Dakota Century Code 12.1-32-09). Bismarck, ND: North Dakota State Legislature.
Adultery:
Adultery in North Dakota provides liability only to the offending spouse, not the external party, and can only be acted on by the offended spouse (North Dakota State Legislature, 2011g). Adultery is a class A misdemeanor (North Dakota State Legislature, 2011g), punishable by imprisonment up to 1 year, and a fine up to $2,000 (North Dakota State Legislature, 2011j). Escalating punishment for repeat offence, and some inchoate offences (facilitation and solicitation) do not apply, as those laws apply only to felonies (North Dakota State Legislature, 2011c; North Dakota State Legislature, 2011d; North Dakota State Legislature, 2011k). For the remaining inchoate offences, criminal accomplice, conspiracy and attempt, punishment is at the same level as adultery, a class A misdemeanor (North Dakota State Legislature, 2011a; North Dakota State Legislature, 2011b; North Dakota State Legislature, 2011e).
Though North Dakota’s fornication law only applies to sexual behavior in public places (North Dakota State Legislature, 2011f), there is another law that prevents “false representation of marital status” which has a fornication-like effect. If a couple lives “openly and notoriously” as if they were married, regardless of marital status, they are liable at the level of a class B misdemeanor (North Dakota State Legislature, 2011i), punishable by up to 30 days imprisonment and a fine up to $1,000 (North Dakota State Legislature, 2011j). Inchoate and repeat offence escalation apply in the same way as it would for adultery, with the applicable inchoate offences being at the class B misdemeanor level (North Dakota State Legislature, 2011a; North Dakota State Legislature, 2011b; North Dakota State Legislature, 2011c; North Dakota State Legislature, 2011d; North Dakota State Legislature, 2011e; North Dakota State Legislature, 2011k).
Bigamy:
Bigamy in North Dakota is specifically limited to actual marriages, without a cohabitation or purportation clause (North Dakota State Legislature, 2011h). It should be noted that the aforementioned “false representation of marital status” can double as a purportation/cohabitation clause for bigamy (North Dakota State Legislature, 2011i), and it will be treated as such for this analysis. Punishment for an actual bigamous marriage is at the class C felony level (North Dakota State Legislature, 2011h), with imprisonment up to 5 years and a fine up to $5,000 (North Dakota State Legislature, 2011j). Repeat offence escalation applies after the third offence, which extends the imprisonment to be up to 10 years (North Dakota State Legislature, 2011k).
Inchoate offences for an actual bigamous marriage apply in full, with criminal accomplice, conspiracy, solicitation, facilitation and attempt (North Dakota State Legislature, 2011a; North Dakota State Legislature, 2011b; North Dakota State Legislature, 2011c; North Dakota State Legislature, 2011d; North Dakota State Legislature, 2011e). Accomplice and conspiracy are at the same level, class C felony, as bigamy (North Dakota State Legislature, 2011a; North Dakota State Legislature, 2011e). Solicitation, facilitation and attempt are punishable as a class A misdemeanor, the same as adultery (North Dakota State Legislature, 2011b; North Dakota State Legislature, 2011c; North Dakota State Legislature, 2011d).
Because the cohabitation/purportation is punishable under North Dakota’s “false representation of marital status” law, its punishment is at the class B misdemeanor level(North Dakota State Legislature, 2011i). It should be noted that the individuals involved must not only be living together, but purport to be married, so both cohabitation and purportation clauses must be met to be liable (North Dakota State Legislature, 2011i).
Round-Up of Laws:
The odd combination of adultery and bigamy, with a modified cohabitation/purportation clause creates a strange liability web, with the lowest liability existing for unmarried cohabitants, then for dyadic non-monogamists, then the highest is for non-dyadics, albeit only because of the odd cohabitation/purportation found in the false representation law.
Non-Monogamous Strategies:
Because the false representation law only creates liability under cohabitation and purportation, changing living arrangements and public image control will reduce liability. Since adultery is limited to only internal action, keeping a stable non-monogamous family can eliminate the liability from adultery. Both of these strategies can effectively limit liability for non-monogamists to minimal levels.
References
North Dakota State Legislature. (2011a). Accomplices. (North Dakota Century Code 12.1-03-01). Bismarck, ND: North Dakota State Legislature.
North Dakota State Legislature. (2011b). Criminal attempt. (North Dakota Century Code 12.1-06-01). Bismarck, ND: North Dakota State Legislature.
North Dakota State Legislature. (2011c). Criminal facilitation. (North Dakota Century Code 12.1-06-02). Bismarck, ND: North Dakota State Legislature.
North Dakota State Legislature. (2011d). Criminal solicitation. (North Dakota Century Code 12.1-06-03). Bismarck, ND: North Dakota State Legislature.
North Dakota State Legislature. (2011e). Criminal conspiracy. (North Dakota Century Code 12.1-06-04). Bismarck, ND: North Dakota State Legislature.
North Dakota State Legislature. (2011f). Fornication. (North Dakota Century Code 12.1-20-08). Bismarck, ND: North Dakota State Legislature.
North Dakota State Legislature. (2011g). Adultery. (North Dakota Century Code 12.1-20-09). Bismarck, ND: North Dakota State Legislature.
North Dakota State Legislature. (2011h). Bigamy. (North Dakota Century Code 12.1-20-13). Bismarck, ND: North Dakota State Legislature.
North Dakota State Legislature. (2011i). False representation of marital status. (North Dakota Century Code 12.1-31-11). Bismarck, ND: North Dakota State Legislature.
North Dakota State Legislature. (2011j). Classification of offences – Penalties. (North Dakota Century Code 12.1-32-01). Bismarck, ND: North Dakota State Legislature.
North Dakota State Legislature. (2011k). Dangerous special offenders – Habitual offenders – Extended sentences – Procedures. (North Dakota Century Code 12.1-32-09). Bismarck, ND: North Dakota State Legislature.
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