Utah Constitution & Criminal Code

UTAH CONSTITUTION

Article 3 Section 1 – The following ordinance shall be irrevocable without the consent of the United States and the people of this State: [Religious toleration -- Polygamy forbidden.]

First: – Perfect toleration of religious sentiment is guaranteed. No inhabitant of this State shall ever be molested in person or property on account of his or her mode of religious worship; but polygamous or plural marriages are forever prohibited.

UTAH PENAL CODE

103-51-2 — Chapter 112 of the Utah Penal Code. If any person cohabits with more than one person of the opposite sex, such person is guilty of a felony.

UTAH CODE ANNOTATED

76-7-101. Bigamy — Defense. (1) A person is guilty of bigamy when, knowing he has a husband or wife or knowing the other person has a husband or wife, the person purports to marry another person or cohabits with another person.(2) Bigamy is a felony of the third degree.(3) It shall be a defense to bigamy that the accused reasonably believed he and the other person were legally eligible to remarry. Amended by Chapter 296, 1997 General Session

76-7-101.5. Child bigamy — Penalty. (1) An actor 18 years of age or older is guilty of child bigamy when, knowing he or she has a wife or husband, or knowing that a person under 18 years of age has a wife or husband, the actor carries out the following with the person who is under 18 years of age:(a) purports to marry the person who is under 18 years of age; or(b) cohabits with the person who is under 18 years of age.(2) A violation of Subsection (1) is a second degree felony.Enacted by Chapter 6, 2003 General Session

76-7-103. Adultery. (1) A married person commits adultery when he voluntarily has sexual intercourse with a person other than his spouse. (2) Adultery is a class B misdemeanor. Amended by Chapter 241, 1991 General Session.

76-7-104. Fornication. (1) Any unmarried person who shall voluntarily engage in sexual intercourse with another is guilty of fornication. (2) Fornication is a class B misdemeanor. Enacted by Chapter 196, 1973 General Session

30-1-2. Marriages prohibited and void. The following marriages are prohibited and declared void:(1) when there is a husband or wife living, from whom the person marrying has not been divorced;(2) when the male or female is under 18 years of age unless consent is obtained as provided in Section 30-1-9;(3) when the male or female is under 14 years of age or, beginning May 3, 1999, when the male or female is under 16 years of age at the time the parties attempt to enter into the marriage; however, exceptions may be made for a person 15 years of age, under conditions set in accordance with Section 30-1-9;(4) between a divorced person and any person other than the one from whom the divorce was secured until the divorce decree becomes absolute, and, if an appeal is taken, until after the affirmance of the decree; and(5) between persons of the same sex. Amended by Chapter 15, 1999 General Session

30-1-9.1. Parental consent to prohibited marriage of minor — Penalty. A parent or guardian who knowingly consents or allows a minor child to enter into a marriage prohibited by law is guilty of a third degree felony. Enacted by Chapter 129, 2001 General Session

30-1-13. Solemnization without license — Penalty. If any person solemnizes a marriage without a license, and if either party is under 16 years of age, without a written authorization from a juvenile court, he is guilty of a class B misdemeanor, and a penalty of imprisonment shall be not less than one month. Amended by Chapter 144, 1992 General Session

30-1-15. Solemnization of prohibited marriage — Penalty. (1) Any person who knowingly, with or without a license, solemnizes a marriage of a minor prohibited by law is guilty of a third degree felony.(2) Any person who knowingly, with or without a license, solemnizes a marriage between two adults prohibited by law is guilty of a class A misdemeanor. Amended by Chapter 129, 2001 General Session.