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A History of Matrimonial Institutions, Vol. 2 of 3

Note 1465 — Chapter XVI · A CENTURY AND A QUARTER OF MARRIAGE LEGISLATION IN THE UNITED STATES, 1776-1903 (continued 2)

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For example, in Colorado, knowingly contracting or solemnizing such a marriage is a misdemeanor subject to a fine of $50 to $500, or imprisonment from three months to two years, or both: Mills, Ann. Stat. (1891), II, 1678; in Illinois incest is punished by imprisonment for not more than ten years, or twenty if the crime is that of father with daughter: Hurd, Rev. Stat. (1898), 577; in Kansas, for contracting, solemnizing, or licensing a marriage within the forbidden degrees the offender is liable to a fine of from $100 to $1,000, or imprisonment for from three months to five years, or both: Webb, Gen. Stat. (1897), II, 637; but elsewhere the law makes an incestuous marriage punishable by confinement and hard labor not exceeding seven years: ibid., II, 301; in Ohio, persons nearer of kin than cousins committing fornication or adultery are liable to imprisonment for from one to seven years: Bates, Ann. Stat. (1897), III, 3220; in Utah, solemnizing a marriage within the forbidden degrees is punished by not exceeding three years in the penitentiary, or a fine of not more than $1,000, or both: Rev. Stat. (1898), 331; by Laws (1888), 91; in Washington the penalty for contracting is imprisonment in the penitentiary for from one to ten years: Ann. Codes and Stat. (1897), I, 1175; in North Dakota it is a misdemeanor, with imprisonment not more than six months, or a fine of not more than $500: Laws (1890), 276; but for incest the penalty is one to ten years in the penitentiary: Rev. Codes (1895), 1273; in Delaware, a fine of $100: Rev. Stat. (1893), 593.

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