Author's Note:
These posts will be getting progressively shorter and shorter as I get more familiar with the laws and their effects. Don't be alarmed, I'm still doing the same level of due-diligence, I just didn't see the need to repeat information that's already covered in previous posts. I'll make sure to give all applicable details in the summary I do at the conclusion of the state-by-state assessments.
- Jason
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Adultery:
Though Colorado laws do list adultery under criminal offences, there is no indication to a punishment, degree of offence, or anything else beyond that it is “prohibited”. In describing adultery, Colorado law is fairly specific, in that any sex outside of a legal marriage is considered adultery (Colorado State Legislature, 2011k). The vagueness of a sentence for adultery leaves Colorado very ambiguous in regards to non-monogamous family liabilities, as no truly informed assessment can be made without that information.
Bigamy:
Bigamy laws in Colorado are much more clear-cut than the adultery laws, and it is pretty standard-fare with the exception that Colorado bigamy has a cohabitation clause (Colorado State Legislature, 2011h), which is very dangerous for polyamorists and polyfidelitists. Though Colorado law defines cohabitation in regards to bigamy closely with having the appearance of marriage, it is worded in such a way that the interpretation has some gray room between cohabitation and appearance of marriage (Colorado State Legislature, 2011j), which makes for a potentially broad measure of liability for polyamorists and polyfidelitists.
This liability can be either a class 6 felony, or a class 2 misdemeanor, depending on how the Colorado laws are interpreted. For example, in a polyfidelitous family consisting of one woman and two men with one legal marriage among them, the woman could be liable under the class 6 felony, for having the appearance of being married to two men (Colorado State Legislature, 2011h), and the man that’s not legally married to the woman would be liable under the class 2 misdemeanor, for appearing to be married to (through cohabitation or other behaviors) an already married woman (Colorado State Legislature, 2011i).
Colorado’s punishment for a class 6 felony is between one and two years of imprisonment, and a fine between $1,000 and $100,000 (Colorado State Legislature, 2011a). Class 6 felonies do not have escalating punishments for repeat offences (Colorado State Legislature, 2011c). Class 2 misdemeanors are punishable with 3-12 months of imprisonment and/or a $250-$1,000 fine (Colorado State Legislature, 2011b).
Colorado does have the expected slew of inchoate criminal laws, attempt, solicitation and conspiracy, which can potentially extend the liability to anyone who can be connected to the appearance, or cohabitation, of the polyamorous/polyfidelitous family. This could be connected to the bigamy laws directly, and liable under the class 6 felony punishments, or connected to the marrying-a-bigamist laws, which would be liable as a class 3 misdemeanor, which is punishable with up to 6 months of imprisonment and/or $50 - $750 fine (Colorado State Legislature, 2011d; Colorado State Legislature, 2011e; Colorado State Legislature, 2011f; Colorado State Legislature, 2011g).
Cross-Relation between the Laws:
Unfortunately due to the vagueness of Colorado’s adultery law, it becomes very difficult to assess the overall liability to non-monogamous families, especially swinger and open relationship families. Since the adultery law is located under Colorado criminal laws it is assumed that, at the least, that any provisions covering criminal behavior is applicable under adultery, and at worst that there is criminal punishments comparable to a misdemeanor (to be consistent with other states).
If nothing else, however, the liability under bigamy laws for polyamorists and polyfidelitists is rather harsh, with the rather grey distinction between the appearance of a bigamous marriage and cohabitation, this opens up these two forms of non-monogamy to a rather harsh degree of liability, as well as anyone who contributes to the appearance/cohabitation of the family. As such it is clear that Colorado is not polyamorous/polyfidelitous friendly.
Non-Monogamous Strategies:
Because of the vagueness in the adultery laws regarding punishment, there is little recommendation that can be made for swingers and open relationships to protect against adultery laws beyond showing a degree of discretion about their non-monogamy.
For polyamorists and polyfidelitists, it is strongly encouraged that these families have split residences, with married individuals cohabiting with, and only with, their legal spouse. This alone is not sufficient as these families will also need to take care to how they present their family publicly. Because of the potential broadness of how Colorado defines cohabitation, any appearance of a bigamous arrangement or cohabitation could be liable. Unfortunately these arrangements may stress some families in unsustainable ways, and it may be necessary for certain polyamorous and polyfidelitous families to not reside in Colorado.
References
Colorado State Legislature. (2011a). Felonies classified – presumptive penalties. (Colorado Revised Statute 18-1.3-401). Denver, CO: Colorado State Legislature.
Colorado State Legislature. (2011b). Misdemeanors classified – penalties. (Colorado Revised Statute 18-1.3-501). Denver, CO: Colorado State Legislature.
Colorado State Legislature. (2011c). Punishment for habitual criminals. (Colorado Revised Statute 18-1.3-801). Denver, CO: Colorado State Legislature.
Colorado State Legislature. (2011d). Criminal attempt. (Colorado Revised Statute 18-2-101). Denver, CO: Colorado State Legislature.
Colorado State Legislature. (2011e). Conspiracy. (Colorado Revised Statute 18-2-201). Denver, CO: Colorado State Legislature.
Colorado State Legislature. (2011f). Penalties for criminal conspiracy – when convictions barred. (Colorado Revised Statute 18-2-206). Denver, CO: Colorado State Legislature.
Colorado State Legislature. (2011g). Criminal solicitation. (Colorado Revised Statute 18-2-301). Denver, CO: Colorado State Legislature.
Colorado State Legislature. (2011h). Bigamy. (Colorado Revised Statute 18-6-201). Denver, CO: Colorado State Legislature.
Colorado State Legislature. (2011i). Marrying a bigamist. (Colorado Revised Statute 18-6-202). Denver, CO: Colorado State Legislature.
Colorado State Legislature. (2011j). Definitions. (Colorado Revised Statute 18-6-203). Denver, CO: Colorado State Legislature.
Colorado State Legislature. (2011k). Adultery. (Colorado Revised Statute 18-6-501). Denver, CO: Colorado State Legislature.
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