Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 102 First Substitute (2020GS)

Sponsor

Sen. Henderson, D.

Final action

Governor Signed 3/28/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• reclassifies the crime of bigamy as an infraction;
• classifies inducing involuntary bigamy as a third degree felony;
• modifies the list of crimes that, when committed in conjunction with bigamy, are a second degree felony; and
• makes conforming changes.

Every vote on this bill

Bill text

BIGAMY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Deidre M. Henderson
House Sponsor: 
V. Lowry Snow
Cosponsors:
Jacob L. Anderegg
Curtis S. Bramble
Kirk A. Cullimore
Luz Escamilla
Lincoln Fillmore
Keith Grover
Daniel Hemmert
Lyle W. Hillyard
David P. Hinkins
Don L. Ipson
Derek L. Kitchen
Daniel McCay
Ann Millner
Ralph Okerlund
Kathleen Riebe
Scott D. Sandall
Evan J. Vickers
Todd Weiler
Ronald Winterton
LONG TITLE
General Description:
This bill modifies provisions defining the crime of and penalties associated with
bigamy.
Highlighted Provisions:
This bill:
▸ reclassifies the crime of bigamy as an infraction;
▸ classifies inducing involuntary bigamy as a third degree felony;
▸ modifies the list of crimes that, when committed in conjunction with bigamy, are a
second degree felony; and
▸ makes conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-7-101
, as last amended by Laws of Utah 2017, Chapter 442
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-7-101
 is amended to read:
76-7-101.
Bigamy -- Penalty -- Defense.
[
(1) A person is guilty of bigamy when, knowing the person has a husband or wife or
knowing the other person has a husband or wife, the person purports to marry and cohabitates
with the other person.
]
[
(2) Bigamy is a third degree felony.
]
[
(3) Bigamy is a second degree felony if the accused is also convicted during the same
prosecution of the following:
]
[
(a) inducing marriage or bigamy under false pretenses;
]
[
(b) fraud;
]
[
(c) domestic abuse;
]
[
(d) child abuse;
]
[
(e) sexual abuse;
]
[
(f) human trafficking; or
]
[
(g) human smuggling.
]
(1) An individual is guilty of bigamy if:
(a) the individual purports to marry another individual; and
(b) knows or reasonably should know that one or both of the individuals described in
Subsection (1)(a) are legally married to another individual.
(2) An individual who violates Subsection (1) is guilty of an infraction.
(3) An individual is guilty of a third degree felony if the individual induces bigamy:
(a) under fraudulent or false pretenses; or
(b) by threat or coercion.
(4) An individual is guilty of a second degree felony if the individual:
(a) cohabitates with another individual with whom the individual is engaged in bigamy
as described in Subsection (1); and
(b) in furtherance of the conduct described in Subsection (4)(a), commits a felony
offense, or for Subsection (4)(b)(vii), a misdemeanor offense, in violation of one or more of the
following:
(i) Chapter 5, Part 2, Criminal Homicide;
(ii) Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling;
(iii) Chapter 5, Part 4, Sexual Offenses;
(iv) Section 
76-5-109
, child abuse -- child abandonment;
(v) Section 
76-5-111
, abuse, neglect, or exploitation of a vulnerable adult;
(vi) Section 
76-5-209
, child abuse homicide;
(vii) Section 
76-9-702.1
, sexual battery;
(viii) Section 
76-7-201
, criminal nonsupport; or
(ix) Title 77, Chapter 36, Cohabitatant Abuse Procedures Act.
[
(4)
] 
(5)
 It is a defense to [
bigamy
] 
prosecution under Subsection (2)
 that:
[
(a) the accused reasonably believed the accused and the other person were legally
eligible to marry;
]
[
(b) the accused is a person who, under reasonable fear of coercion or bodily harm, left
a bigamous relationship as defined in Subsection (1);
]
[
(c) the accused is a minor who left a bigamous relationship as defined in Subsection
(1); or
]
[
(d) the accused has taken steps to protect the safety and welfare of any minor child of
a bigamous relationship.
]
(a) the individual ceased the practice of bigamy as described in Subsection (1) under
reasonable fear of coercion or bodily harm;
(b) the individual entered the practice of bigamy, as described in Subsection (1), as a
minor and ceased the practice of bigamy at any time after the individual entered the practice of
bigamy; or
(c) law enforcement discovers that the individual practices bigamy, as described in
Subsection (1), as a result of the individual's efforts to protect the safety and welfare of another
individual.