Non-Monogamous Families and the Law, Part 45: Summary of Utah Laws

Author's Note:

Yes, another blitz-review. I'm going out of town for a few days to visit family, so expect no updates for a few days. I'll have this stuff done pretty quickly when I get back though, considering I've only got 6 more to go (-:

Also, shock... Utah's laws are the harshest I've seen yet for non-monogamists. Yikes!!!

- Jason

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Non-Monogamous Families and the Law, Part 45: Summary of Utah Laws

Adultery:

Utah has both adultery and fornication laws (Utah State Legislature, 2011l; Utah State Legislature, 2011m). Though adultery is only applicable to the married party (Utah State Legislature, 2011l), the fornication law would cover the unmarried party, as well as any unmarried parties (Utah State Legislature, 2011m). Both adultery and fornication are liable as a class B misdemeanor (Utah State Legislature, 2011l; Utah State Legislature, 2011m), punishable by up to 6 months of imprisonment (Utah State Legislature, 2011c) and a fine up to $1,000 (Utah State Legislature, 2011d). Repeat escalation appears not to apply.

Inchoate laws apply, with attempt and conspiracy liable as a class C misdemeanor (Utah State Legislature, 2011e; Utah State Legislature, 2011f; Utah State Legislature, 2011g; Utah State Legislature, 2011h), punishable by up to 90 days imprisonment (Utah State Legislature, 2011c) and a fine up to $750 (Utah State Legislature, 2011d). Solicitation doesn’t apply as neither adultery nor fornication are felonies (Utah State Legislature, 2011i). Aiding/abetting is liable at the same level (Utah State Legislature, 2011a).

Bigamy:

Bigamy is applicable to both marryer and marryee, and has both a purportation and cohabitation clause (Utah State Legislature, 2011k). Liability for bigamy is as a third degree felony (Utah State Legislature, 2011k), punishable by up to 5 years imprisonment (Utah State Legislature, 2011b) and a fine up to $5,000 (Utah State Legislature, 2011d). Repeat escalation appears not to apply. However, inchoate applies with solicitation included (Utah State Legislature, 2011e; Utah State Legislature, 2011g; Utah State Legislature, 2011i). Attempt, solicitation and conspiracy for bigamy are all at class A misdemeanor liability (Utah State Legislature, 2011f; Utah State Legislature, 2011h; Utah State Legislature, 2011j), punishable by up to 1 year imprisonment (Utah State Legislature, 2011c) and a fine of up to $2,500 (Utah State Legislature, 2011d). Aiding/abetting applies at the same level (Utah State Legislature, 2011a).

Round-Up of Laws:

The combination of fornication, adultery and the purportation & cohabitation clauses in bigamy create the maximum possible liability for non-monogamists. With fornication and adultery carrying the same liability, unmarried and dyadic non-monogamists have the lowest liability. Because of the cohabitation and purportation clauses in bigamy, non-dyadic non-monogamists have a very high degree of extra liability.

Non-Monogamous Strategies:

Because of the adultery and fornication laws, there is no way to avoid some level of criminal liability for being non-monogamous in Utah. If non-dyadic non-monogamists can exercise control over their public image, for purportation, and split residences by marriage, for cohabitation, then they will have the same liability as unmarried and dyadic non-monogamists, however that is the lowest the liability goes for non-monogamists.

References

Utah State Legislature. (2011a). Criminal responsibility for direct commission of offence or for conduct of another. (Utah Code 76-2-202). Salt Lake City, UT: Utah State Legislature.

Utah State Legislature. (2011b). Felony conviction – Indeterminate term of imprisonment. (Utah Code 76-3-203). Salt Lake City, UT: Utah State Legislature.

Utah State Legislature. (2011c). Misdemeanor conviction – Term of imprisonment. (Utah Code 76-3-204). Salt Lake City, UT: Utah State Legislature.

Utah State Legislature. (2011d). Fines for persons. (Utah Code 76-3-301). Salt Lake City, UT: Utah State Legislature.

Utah State Legislature. (2011e). Attempt – Elements of offense. (Utah Code 76-4-101). Salt Lake City, UT: Utah State Legislature.

Utah State Legislature. (2011f). Attempt – Classification of offenses. (Utah Code 76-4-102). Salt Lake City, UT: Utah State Legislature.

Utah State Legislature. (2011g). Conspiracy – Elements of offense. (Utah Code 76-4-201). Salt Lake City, UT: Utah State Legislature.

Utah State Legislature. (2011h). Conspiracy – Classification of offenses. (Utah Code 76-4-202). Salt Lake City, UT: Utah State Legislature.

Utah State Legislature. (2011i). Criminal Solicitation - Elements. (Utah Code 76-4-203). Salt Lake City, UT: Utah State Legislature.

Utah State Legislature. (2011j). Criminal solicitation - Penalties. (Utah Code 76-4-204). Salt Lake City, UT: Utah State Legislature.

Utah State Legislature. (2011k). Bigamy - Defense. (Utah Code 76-7-101). Salt Lake City, UT: Utah State Legislature.

Utah State Legislature. (2011l). Adultery. (Utah Code 76-7-103). Salt Lake City, UT: Utah State Legislature.

Utah State Legislature. (2011m). Fornication. (Utah Code 76-7-104). Salt Lake City, UT: Utah State Legislature.

Non-Monogamous Families and the Law, Part 44: Summary of Texas Laws

Author's Note:

I'm shocked... no adultery or fornication laws in Texas? Wow... That's quite an interesting thing...

- Jason

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Non-Monogamous Families and the Law, Part 44: Summary of Texas Laws

Adultery:

Texas has no adultery or fornication laws.

Bigamy:

Texas’ bigamy law is applicable to both marryer and marryee, and possesses both cohabitation and purportation clauses (Texas State Legislature, 2011i). Bigamy is a third degree felony (Texas State Legislature, 2011i), punishable by 2-10 years imprisonment and a fine up to $10,000 (Texas State Legislature, 2011c). Repeat escalation appears not to apply, as bigamy is not a state jail felony (Texas State Legislature, 2011e). Inchoate laws partially apply, with attempt and conspiracy liable as a state jail felony (Texas State Legislature, 2011f; Texas State Legislature, 2011g), punishable by 180 days to 2 years imprisonment and a fine up to $10,000 (Texas State Legislature, 2011d). Solicitation does not apply as bigamy is not a sufficiently high grade of felony (Texas State Legislature, 2011h). Both party to and aiding/abetting apply at the same liability as bigamy (Texas State Legislature, 2011a; Texas State Legislature, 2011b).

Round-Up of Laws:

With an absence of adultery and fornication laws, non-married non-monogamists and dyadic non-monogamists have no criminal liability. Non-dyadic non-monogamists, however, have a great deal of liability under the cohabitation and purportation clause in Texas’ bigamy law.

Non-Monogamous Strategies:

Non-dyadic non-monogamists should show a great deal of care for their public image, due to the purportation clause in bigamy, and would need to split residences by marriage to avoid the cohabitation clause. In avoiding these two clauses, non-dyadic non-monogamists can have the same lack of liability that unmarried and dyadic non-monogamists have.

References

Texas State Legislature. (2011a). Parties to offences. (Texas Statutes 7.01). Austin, TX: Texas State Legislature.

Texas State Legislature. (2011b). Criminal responsibility for conduct of another. (Texas Statutes 7.02). Austin, TX: Texas State Legislature.

Texas State Legislature. (2011c). Third degree felony punishment. (Texas Statutes 12.34). Austin, TX: Texas State Legislature.

Texas State Legislature. (2011d). State jail felony punishment. (Texas Statutes 12.35). Austin, TX: Texas State Legislature.

Texas State Legislature. (2011e). Penalties for repeat and habitual felony offenders. (Texas Statutes 12.42). Austin, TX: Texas State Legislature.

Texas State Legislature. (2011f). Criminal attempt. (Texas Statutes 15.01). Austin, TX: Texas State Legislature.

Texas State Legislature. (2011g). Criminal conspiracy. (Texas Statutes 15.02). Austin, TX: Texas State Legislature.

Texas State Legislature. (2011h). Criminal solicitation. (Texas Statutes 15.03). Austin, TX: Texas State Legislature.

Texas State Legislature. (2011i). Bigamy. (Texas Statutes 25.01). Austin, TX: Texas State Legislature.

Non-Monogamous Families and the Law, Part 43: Summary of Tennessee Laws

Non-Monogamous Families and the Law, Part 43: Summary of Tennessee Laws

Adultery:

Tennessee has no adultery or fornication laws.

Bigamy:

Bigamy is Tennessee is applicable to both marryer and marryee, and purportation is applicable (Tennessee State Legislature, 2011g). Bigamy is liable as a class A misdemeanor (Tennessee State Legislature, 2011g), punishable by up to 11 months and 29 days imprisonment and a fine up to $2,500 (Tennessee State Legislature, 2011i). Repeat escalation is not applicable as bigamy is not a felony (Tennessee State Legislature, 2011h). Inchoate laws apply, with attempt and conspiracy punishable as a class B misdemeanor (Tennessee State Legislature, 2011c; Tennessee State Legislature, 2011e; Tennessee State Legislature, 2011f), punishable by up to 6 months imprisonment and a fine up to $500 (Tennessee State Legislature, 2011i); solicitation as a class C misdemeanor (Tennessee State Legislature, 2011d; Tennessee State Legislature, 2011f), punishable by up to 30 days imprisonment and a fine up to $50 (Tennessee State Legislature, 2011i); aiding and abetting at the same level (Tennessee State Legislature, 2011a); and accessory after the fact is not applicable as it only applies to felonies (Tennessee State Legislature, 2011b).

Round-Up of Laws:

The lack of adultery and fornication laws effectively eliminates criminal liability for unmarried non-monogamists and dyadic non-monogamists. Since bigamy has a purportation clause, however, non-dyadic non-monogamists have liability with the bigamy law.

Non-Monogamous Strategies:

Because of the purportation clause in bigamy, non-dyadic non-monogamists should practice control over public image to limit their liability to this clause. Beyond this, and not possessing an actual bigamous marriage, there is no criminal liability for non-monogamists In Tennessee.

References

Tennessee State Legislature. (2011a). Criminal responsibility for conduct of another. (Tennessee Code Unannoteted 39-11-402). Nashville, TN: Tennessee State Legislature.

Tennessee State Legislature. (2011b). Accessory after the fact. (Tennessee Code Unannoteted 39-11-411). Nashville, TN: Tennessee State Legislature.

Tennessee State Legislature. (2011c). Criminal attempt. (Tennessee Code Unannoteted 39-12-101). Nashville, TN: Tennessee State Legislature.

Tennessee State Legislature. (2011d). Solicitation – Defenses disallowed. (Tennessee Code Unannoteted 39-12-102). Nashville, TN: Tennessee State Legislature.

Tennessee State Legislature. (2011e). Criminal conspiracy. (Tennessee Code Unannoteted 39-12-103). Nashville, TN: Tennessee State Legislature.

Tennessee State Legislature. (2011f). Grading attempt, solicitation and conspiracy. (Tennessee Code Unannoteted 39-12-107). Nashville, TN: Tennessee State Legislature.

Tennessee State Legislature. (2011g). Bigamy. (Tennessee Code Unannoteted 39-15-301). Nashville, TN: Tennessee State Legislature.

Tennessee State Legislature. (2011h). Multiple offender. (Tennessee Code Unannoteted 40-35-106). Nashville, TN: Tennessee State Legislature.

Tennessee State Legislature. (2011i). Authorized terms of imprisonment and fines for felonies and misdemeanors. (Tennessee Code Unannoteted 40-35-111). Nashville, TN: Tennessee State Legislature.

Non-Monogamous Families and the Law, Part 42: Summary of South Dakota Laws

Non-Monogamous Families and the Law, Part 42: Summary of South Dakota Laws

Adultery:

South Dakota has no adultery or fornication laws.

Bigamy:

Only the marryer is liable in South Dakota for bigamy, and there is no cohabitation or purportation clause (South Dakota State Legislature, 2011j). Bigamy is a class 6 felony (South Dakota State Legislature, 2011j), punishable by up to 2 years, and a fine up to $4,000 (South Dakota State Legislature, 2011f). Repeat escalation does apply, with the first and second repeats liable as a class 5 felony, punishable by up to 5 years imprisonment and a fine up to $10,000 (South Dakota State Legislature, 2011h). The third or more repeat offence is liable as a class 4 felony, punishable by up to 10 years imprisonment and a fine up to $20,000 (South Dakota State Legislature, 2011i).

Inchoate laws apply in full, with aiding and abetting being at the same punishment level (South Dakota State Legislature, 2011a), accessory at the level of a class 5 felony (South Dakota State Legislature, 2011b), conspiracy and solicitation as a class 1 misdemeanor (South Dakota State Legislature, 2011c; South Dakota State Legislature, 2011e) punishable by up to 1 year imprisonment and a fine up to $2,000 (South Dakota State Legislature, 2011g), and attempt is liable at one-half of the punishment level of bigamy (South Dakota State Legislature, 2011d).

Round-Up of Laws:

The lack of adultery and fornication laws provides non-married non-monogamists and dyadic non-monogamists with no criminal liability. The lack of a cohabitation or purportation clause in bigamy also eases liability tremendously for non-dyadic non-monogamists. In the event of an actual bigamous marriage, the complex web of inchoate laws would make network liability difficult to discern.

Non-Monogamous Strategies:

Because of the lack of adultery, fornication, and cohabitation & purportation clauses in bigamy, to avoid liability a non-monogamous family can simply not have a bigamous marriage.

References

South Dakota State Legislature. (2011a). Aiding, abetting or advising. (South Dakota Codified Laws 22-3-3). Pierre, SD: South Dakota State Legislature.

South Dakota State Legislature. (2011b). Accessories to crime-Misdemeanors excepted. (South Dakota Codified Laws 22-3-5). Pierre, SD: South Dakota State Legislature.

South Dakota State Legislature. (2011c). Conspiracy to commit offence-Punishment. (South Dakota Codified Laws 22-3-8). Pierre, SD: South Dakota State Legislature.

South Dakota State Legislature. (2011d). Attempt-Punishment. (South Dakota Codified Laws 22-4-1). Pierre, SD: South Dakota State Legislature.

South Dakota State Legislature. (2011e). Criminal solicitation-Penalty. (South Dakota Codified Laws 22-4A-1). Pierre, SD: South Dakota State Legislature.

South Dakota State Legislature. (2011f). Felony classes and penalties-Restitution-Habitual criminal sentences. (South Dakota Codified Laws 22-6-1). Pierre, SD: South Dakota State Legislature.

South Dakota State Legislature. (2011g). Misdemeanor classes and penalties-Misdemeanor when no penalty imposed. (South Dakota Codified Laws 22-6-2). Pierre, SD: South Dakota State Legislature.

South Dakota State Legislature. (2011h). One or two prior felony convictions-Sentence increased-Limitation-Felony. (South Dakota Codified Laws 22-7-7). Pierre, SD: South Dakota State Legislature.

South Dakota State Legislature. (2011i). Three or more additional felony convictions not including a crime of violence-Enhancement of sentence-Limitation-Parole. (South Dakota Codified Laws 22-7-8.1). Pierre, SD: South Dakota State Legislature.

South Dakota State Legislature. (2011j). Bigamy-Exceptions-Felony. (South Dakota Codified Laws 22-22A-1). Pierre, SD: South Dakota State Legislature.

Non-Monogamous Families and the Law, Part 41: Summary of South Carolina Laws

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.

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 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.