Non-Monogamous Families and the Law, Part 3: Summary of Arkansas Laws

Non-Monogamous Families and the Law, Part 3: Summary of Arkansas Laws 

Adultery:

Arkansas shows itself to be quite friendly in regards to adultery, in that it doesn’t have any criminal law regarding adultery. The only references made to adultery in Arkansas are in regards to divorce (Arkansas State Law, 2011m; Arkansas State Law, 2011n). There is even some level of internal equity protection in that consensual adultery (called collusion in Arkansas law) cannot be grounds for divorce (Arkansas State Law, 2011o). This frees up a tremendous liability for non-monogamists.

Bigamy:

Arkansas Bigamy law is unfortunately strong against non-monogamous families, compared to its absent adultery laws. Bigamy in Arkansas is based on the appearance of more than one marriage (Arkansas State Law, 2011l). Though this wouldn’t affect swingers and open relationships very much, it is likely to affect polyamorists and polyfidelitists. Bigamy is considered a Class A misdemeanor in Arkansas, a mid-level criminal offence, that is subject to jail time of up to one year and/or a fine of up to $2,500. As written, only the person(s) purporting to have multiple marriages are subject directly under Arkansas bigamy laws (Arkansas State Law, 2011j; Arkansas State Law, 2011k; Arkansas State Law, 2011l).

However, like most states, Arkansas possesses criminal inchoate/supportive laws around attempt, solicitation and conspiracy. This opens up the liability so that many others could potentially be liable both within and associated with the polyamorous or polyfidelitous family. The laws are broad enough (especially the conspiracy laws) that anyone supporting, helping or assisting in the appearance of a multi-partner marriage situation is liable under Arkansas’s inchoate laws. This would be considered a Class B misdemeanor and is subject to jail time of up to 90 days and/or a fine of up to $1,000. As standard for conspiracy laws, not all individuals involved need to know each other to be liable (Arkansas State Law, 2011a; Arkansas State Law, 2011b; Arkansas State Law, 2011c; Arkansas State Law, 2011d; Arkansas State Law, 2011e; Arkansas State Law, 2011f; Arkansas State Law, 2011g; Arkansas State Law, 2011h; Arkansas State Law, 2011i; Arkansas State Law, 2011j; Arkansas State Law, 2011k).

Fortunately Arkansas puts bigamy under the misdemeanor category, so it is not subject to escalation from repeat offences, each successful charge of bigamy (or inchoate bigamy) carries the same liability.

Cross-Relation between the Laws:

The absence of criminal adultery laws in Arkansas frees up most swingers and open relationships from liability, and the laws disallowing divorce on the grounds of consensual adultery also help to maintain a level of internal equity within these relationships. Unfortunately the gains for swingers and open relationships are lost with polyamorists and polyfidelitists due to Arkansas bigamy laws.

Arkansas bigamy laws specifically focus on the appearance of multiple marriages, which can be dangerous for polyamorists and polyfidelitists depending on how they present their family. With Arkansas criminal inchoate laws as well, not just the members of the family are liable as well, but anyone associated who also purports that there is a multi-partner marriage, which expands beyond any outside partners that a polyamorous family would have.

This would be especially dangerous to polyamorous and polyfidelitous families of religious background that allows multi-partner marriage (some wiccan and pagan traditions, for example) because a ceremonial marriage could be argued to qualify as purporting to a multi-partner marriage, and fall under Arkansas bigamy laws.

Non-Monogamous Strategies:

Swingers and open relationships have it very easy in Arkansas, as long as they don’t appear to have a multi-partner marriage going, they have no criminal liability. Unfortunately polyamorists and polyfidelitists suffer from the constant need to check the public presentation of their family. Things like ceremonial marriages, referring to each other as married, co-habitation, and anything that appears to be a marriage-like arrangement puts both the family and anyone associated with creating that public perception under criminal liability. Because of the lack of adultery laws, this impact can potentially affect both polyamorous and polyfidelitous families equally.

References

Arkansas State Legislature. (2011a). Liability for conduct of another generally. (Arkansas Code 5-2-402). Little Rock, AK: Arkansas State Legislature.

Arkansas State Legislature. (2011b). Accomplices. (Arkansas Code 5-2-403). Little Rock, AK: Arkansas State Legislature.

Arkansas State Legislature. (2011c). Conduct constituting attempt. (Arkansas Code 5-3-201). Little Rock, AK: Arkansas State Legislature.

Arkansas State Legislature. (2011d). Complicity. (Arkansas Code 5-3-202). Little Rock, AK: Arkansas State Legislature.

Arkansas State Legislature. (2011e). Classification. (Arkansas Code 5-3-203). Little Rock, AK: Arkansas State Legislature.

Arkansas State Legislature. (2011f). Conduct constituting solicitation - Classification. (Arkansas Code 5-3-301). Little Rock, AK: Arkansas State Legislature.

Arkansas State Legislature. (2011g). Conduct constituting conspiracy. (Arkansas Code 5-3-401). Little Rock, AK: Arkansas State Legislature.

Arkansas State Legislature. (2011h). Scope of conspiratorial relationship. (Arkansas Code 5-3-402). Little Rock, AK: Arkansas State Legislature.

Arkansas State Legislature. (2011i). Classification. (Arkansas Code 5-3-404). Little Rock, AK: Arkansas State Legislature.

Arkansas State Legislature. (2011j). Fines – Limitations on Amount. (Arkansas Code 5-4-201). Little Rock, AK: Arkansas State Legislature.

Arkansas State Legislature. (2011k). Sentence. (Arkansas Code 5-4-401). Little Rock, AK: Arkansas State Legislature.

Arkansas State Legislature. (2011l). Bigamy. (Arkansas Code 5-26-201). Little Rock, AK: Arkansas State Legislature.

Arkansas State Legislature. (2011m). Divorce or separation. (Arkansas Code 9-11-808). Little Rock, AK: Arkansas State Legislature.

Arkansas State Legislature. (2011n). Grounds for divorce. (Arkansas Code 9-12-301). Little Rock, AK: Arkansas State Legislature.

Arkansas State Legislature. (2011o). Effect of collusion, consent, or equal guilt of parties. (Arkansas Code 9-12-308). Little Rock, AK: Arkansas State Legislature.