While some states consider it a misdemeanor, most consider it a felony.
However, despite its illegality, polygamy is very rarely prosecuted except when it is in conjunction with other crimes, notably child endangerment or abuse.
However, the history of polygamy laws in the United States is most known in relation to its systemic practice in regards to the early Mormon Church, and certain fringe splinter groups of the organization since then.
The Church set off polygamy as a national issue when, in 1852, it announced that polygamy (or "plural marriage," as it was called within the Mormon Church) was a practice condoned in its doctrine.
It had originally been introduced as a central policy within the organization in 1843, when the Church was still headquartered in Nauvoo, Illinois, before the Church's exodus to Utah starting in 1847.
The Mormon Church officially dropped the policy in 1890, although certain fringe fundamentalist groups have practiced it since then.
Perhaps the most notable example in recent US history of a mass polygamy case involved the Mormon splinter group Fundamentalist Church of Latter-Day Saints (FLDS) in Texas.
The FLDS's compound, called YFZ Ranch near Eldorado, Texas, was raided by Child Protective Services (CPS), which took custody of the nearly 450 children at the ranch under the age of 18.
However, the Texas Supreme Court eventually ruled that CPS was not legally allowed to have removed all the children, and ruled many of them returned.
However, the situation underscored the fact that most of polygamy charges are prosecuted along with allegations of child abuse, and not on their own merits.
The punishment for polygamy varies from state to state, largely depending on whether the offense is considered in a misdemeanor or a felony in that particular jurisdiction.
Naturally, the punishments for misdemeanors are less severe than the punishments for felonies.
However, there are certain cases in which polygamy is considered excused, namely:
- The person believes his or her spouse is dead
- The person believes he or she is legally allowed to remarry
- The person does not know that his or her movement to end or annul the marriage is invalid
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