Crimes Relating to Marriage


In Utah, there are still a few Crimes Relating to Marriage still on the books. The one that some people believe should be removed from the Utah Code is adultery. While it is rarely enforced, it is still a crime punishable by up to 180 days in jail for a married person to have sexual intercourse with a person other than their spouse. Again, this statute is rarely if ever enforced by prosecutors but the fact that it remains a part of Utah law is interesting. Some have suggested the reason why adultery is still a crime in Utah is simply because no state legislator has wanted to sponsor a bill removing it for fear of how this may reflect on them or the potential questions it may raise in the media. Also, in an overwhelmingly religious state, it may be difficult for a state law maker to remove such a provision without a real backlash from the religious communities. At any rate, for the foreseeable future, adultery will remain a crime in Utah.


Bigamy is defined as, “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.” Many people do not realizing that cohabitating with another person while you are married could potentially land you a bigamy charge. Unlike adultery which is almost never charged, bigamy charges are a real threat of filing. You do not have to be a self purported polygamist to be charged with Bigamy. A bigamy charge is a third degree felony and carries the potential for as much as 5 years in prison.


Like bigamy, incest is a third degree felony. Incest is commonly known as sexual relationships between related persons. However, in Utah it can mean more than that. Under the incest law in Utah, a person could be charged with participating in artificial insemination between related persons. Therefore, even without sex, a person could face an incest charge under some rare and odd circumstances.

Salt Lake Divorce Lawyers

In some cases, adultery, bigamy, or even incest may play a part in a divorce. At Salcido Law Firm there is almost nothing our team of Salt Lake Divorce Lawyers have not seen in past representation with clients. If you have sensitive topics you need to discuss with an attorney about your divorce or other family law matter, we can help. Contact us today for a free and confidential consultation.

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