Arizona Statutes that could affect Polygamists
Arizona Statutes that Could Affect Polygamists
13-3606. Bigamy; classification; exception
A. A person having a spouse living who knowingly marries any other person is guilty of a class 5 felony.
B. Subsection A of this section does not extend to a person whose spouse by the former marriage has been absent for five successive years without being known to such person within that time to be living, nor to any person whose former marriage has been pronounced void, annulled or dissolved by judgment of a competent court.
13-3607. Marrying spouse of another; classification
A person who knowingly marries the spouse of another, in any case in which such spouse would be guilty of bigamy,
13-3609. Child bigamy; classification; definitions
A. A person commits child bigamy if the person knowingly does any of the following:
1. Is at least eighteen years of age, has a spouse and marries a child.
2. Is at least eighteen years of age and, either alone or in association with others, directs, causes or controls the marriage of a child to a person who already has a spouse.
3. Is at least eighteen years of age and, either alone or in association with others, directs, causes or controls the marriage of a child if the child already has a spouse.
4. Is at least eighteen years of age and marries a child if the child already has a spouse.
5. Transports or finances the transportation of a child to promote marriage between the child and a person who already has a spouse.
6. Transports or finances the transportation of a child who already has a spouse to promote marriage between the child and another person.
B. This section does not apply if a person who marries a child:
1. Has a spouse who has been absent for at least five successive years without being known to the person within that time to be living.
2. Has a former marriage that has been pronounced void, annulled or dissolved by judgment of a competent court.
C. A violation of this section is a class 3 felony.
D. For the purposes of this section:
1. “Marriage” means the state of joining together as husband and wife through an agreement, promise or ceremony regardless of whether a marriage license has been issued by the appropriate authority.
2. “Marry” means to join together as husband and wife through an agreement, promise or ceremony regardless of whether a marriage license has been issued by the appropriate authority.
3. “Spouses” means two persons living together as husband and wife, including the assumption of those marital rights, duties and obligations that are usually manifested by married people, including but not necessarily dependent on sexual relations.
is guilty of a class 5 felony.
13-4062. Anti-marital fact privilege; other privileged communications
A person shall not be examined as a witness in the following cases:
1. A husband for or against his wife without her consent, nor a wife for or against her husband without his consent, as to events occurring during the marriage, nor can either, during the marriage or afterwards, without consent of the other, be examined as to any communication made by one to the other during the marriage. These exceptions do not apply in a criminal action or proceeding for a crime committed by the husband against the wife, or by the wife against the husband, nor in a criminal action or proceeding against the husband for abandonment, failure to support or provide for or failure or neglect to furnish the necessities of life to the wife or the minor children. Either spouse, at his or her request, but not otherwise, may be examined as a witness for or against the other in a prosecution for an offense listed in section 13-604, subsection V, paragraph 4, for bigamy or adultery, committed by either spouse, or for sexual assault committed by the husband.
2. An attorney, without consent of the attorney’s client, as to any communication made by the client to the attorney, or the attorney’s advice given in the course of professional employment.
3. A clergyman or priest, without consent of the person making the confession, as to any confession made to the clergyman or priest in his professional character in the course of discipline enjoined by the church to which the clergyman or priest belongs.
4. A physician or surgeon, without consent of the physician’s or surgeon’s patient, as to any information acquired in attending the patient which was necessary to enable the physician or surgeon to prescribe or act for the patient.
