S.B. 146 Enrolled

PERFORMING UNLAWFUL MARRIAGES
2001 GENERAL SESSION
STATE OF UTAH
Sponsor: Ron Allen
This act modifies provisions pertaining to marriage. The act provides specific penalties for
performing marriages without authority or a valid license. It also provides a penalty for a
parent or guardian who allows a minor child to be married in violation of the law.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
30-1-5, Utah Code Annotated 1953
30-1-13, as last amended by Chapter 144, Laws of Utah 1992
30-1-14, Utah Code Annotated 1953
30-1-15, Utah Code Annotated 1953
ENACTS:
30-1-9.1, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 30-1-5 is amended to read:
30-1-5. Marriage solemnization -- Before unauthorized person -- Validity.
[No] (1) A marriage solemnized before [any] a person professing to have authority
[therefor] to perform marriages shall not be [invalid] invalidated for [want] lack of [such]
authority, if consummated in the belief of the parties or either of them that he had [such] authority
and that they have been lawfully married.
(2) This section may not be construed to validate a marriage that is prohibited or void
under Section 30-1-2 .
Section 2. Section 30-1-9.1 is enacted to read:
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.
Section 3. Section 30-1-13 is amended to read:

30-1-13. Solemnization without license -- Penalty.
If any person knowingly 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] third degree felony.
Section 4. Section 30-1-14 is amended to read:
30-1-14. Acting without authority -- Impersonation -- Forgery -- Penalty.
[If any person not authorized solemnizes a marriage under pretense of having authority, or
falsely personates the father, mother or guardian in obtaining a license, or forges the name of the
father, mother or guardian to] A person is guilty of a third degree felony if he:
(1) knowingly solemnizes a marriage in violation of either Section 30-1-6 , 30-1-7 , or
30-1-9.1 ;
(2) impersonates a parent or guardian of a minor to obtain a license for the minor to marry;
or
(3) forges the name of a parent or guardian of a minor on any writing purporting to give
consent to [such marriage, he shall be punished by imprisonment in the state prison not exceeding
three years] a marriage of a minor.
Section 5. Section 30-1-15 is amended to read:
30-1-15. Solemnization of prohibited marriage -- Penalty.
(1) [If any authorized person] Any person who knowingly, with or without a license,
solemnizes a marriage [such as is herein prohibited, he shall be imprisoned in the state prison not
exceeding three years, or fined not exceeding $1,000, or be both so fined and imprisoned] 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.

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