Second Substitute S.B. 146

Senator Ron Allen proposes to substitute the following bill:

1 PERFORMING UNLAWFUL MARRIAGES
2 2001 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Ron Allen
5 This act modifies provisions pertaining to marriage. The act provides specific penalties for
6 performing marriages without authority or a valid license. It also provides a penalty for a
7 parent or guardian who allows a minor child to be married in violation of the law.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 30-1-5, Utah Code Annotated 1953
11 30-1-13, as last amended by Chapter 144, Laws of Utah 1992
12 30-1-14, Utah Code Annotated 1953
13 30-1-15, Utah Code Annotated 1953
14 ENACTS:
15 30-1-9.1, Utah Code Annotated 1953
16 Be it enacted by the Legislature of the state of Utah:
17 Section 1. Section 30-1-5 is amended to read:
18 30-1-5. Marriage solemnization -- Before unauthorized person -- Validity.
19 [No] (1) A marriage solemnized before [any] a person professing to have authority
20 [therefor] to perform marriages shall not be [invalid] invalidated for [want] lack of [such]
21 authority, if consummated in the belief of the parties or either of them that he had [such] authority
22 and that they have been lawfully married.
23 (2) This section may not be construed to validate a marriage that is prohibited or void
24 under Section 30-1-2 .
25 Section 2. Section 30-1-9.1 is enacted to read:

26 30-1-9.1. Parental consent to prohibited marriage of minor -- Penalty.
27 A parent or guardian who knowingly consents or allows a minor child to enter into a
28 marriage prohibited by law is guilty of a third degree felony.
29 Section 3. Section 30-1-13 is amended to read:
30 30-1-13. Solemnization without license -- Penalty.
31 If any person knowingly solemnizes a marriage without a license, and if either party is
32 under 16 years of age, without a written authorization from a juvenile court, he is guilty of a [class
33 B misdemeanor, and a penalty of imprisonment shall be not less than one month] third degree
34 felony.
35 Section 4. Section 30-1-14 is amended to read:
36 30-1-14. Acting without authority -- Impersonation -- Forgery -- Penalty.
37 [If any person not authorized solemnizes a marriage under pretense of having authority, or
38 falsely personates the father, mother or guardian in obtaining a license, or forges the name of the
39 father, mother or guardian to] A person is guilty of a third degree felony if he:
40 (1) knowingly solemnizes a marriage in violation of either Section 30-1-6 , 30-1-7 , or
41 30-1-9.1 ;
42 (2) impersonates a parent or guardian of a minor to obtain a license for the minor to marry;
43 or
44 (3) forges the name of a parent or guardian of a minor on any writing purporting to give
45 consent to [such marriage, he shall be punished by imprisonment in the state prison not exceeding
46 three years] a marriage of a minor.
47 Section 5. Section 30-1-15 is amended to read:
48 30-1-15. Solemnization of prohibited marriage -- Penalty.
49 (1) [If any authorized person] Any person who knowingly, with or without a license,
50 solemnizes a marriage [such as is herein prohibited, he shall be imprisoned in the state prison not
51 exceeding three years, or fined not exceeding $1,000, or be both so fined and imprisoned] of a
52 minor prohibited by law is guilty of a third degree felony.
53 (2) Any person who knowingly, with or without a license, solemnizes a marriage between
54 two adults prohibited by law is guilty of a class A misdemeanor.