House of
Representatives
HB 2325
child bigamy; polygamy; child custody
Sponsors: Representative Lujan,
HB 2325 makes it unlawful for a court to grant custody or unsupervised parenting time to an individual who engages in child bigamy or polygamy.
History
According to statute, child bigamy is an act committed by someone who:
· Is at least 18, has a spouse and marries a child.
· Is at least 18, and alone or in association with others, causes a child to be married to a person who already has a spouse.
· Is at least 18, and alone or in association with others, causes a child who already has a spouse to marry.
· Transports or finances the transportation of a child to promote the marriage between the child and a person who already has a spouse.
· Transports or finances the transportation of a child who already has a spouse to promote the marriage between the child and another person.
Statute currently classifies child bigamy as a Class 3 felony, carrying a presumptive sentence of 3.5 years in prison for a first offense.
Provisions
· Prohibits the Superior Court from granting sole or joint custody of a child, or unsupervised parenting time with a child, to a person who has engaged in child bigamy or polygamy and who the Court believes will continue to do so in the future.
· Defines marriage as the state of joining together as husband and wife through an agreement or ceremony, regardless of whether a marriage license has been issued.
· Defines polygamy as an individual with a living spouse who knowingly enters into marriage with another person.
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· Forty-eighth Legislature
· First Regular Session 2 January 29, 2007
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