Why isn't Kody Brown being prosecuted for polygamy?

Answer 1

Kody Brown and his family, stars of TLC's reality show are currently being investigated by Utah law enforcement on charges of bigamy by cohabitation, which is a felony in the state of Utah. If they are found guilty and prosecuted, they will each face at least 5 years in prison.

There are thousands of polygamist families in Utah, and because there are so many, the state doesn't have the time, money and other resources to prosecute all the polygamists. Generally a family is only investigated on bigamy charges if there has been a complaint or report of abuse, rape, or underage marriage. A case like this usually comes up in Utah every few years. In the case of the Browns, the state and much of the public in the community have known of their lifestyle for quite some time, but it was not until they decided to flaunt their illegal activities (and the fact that they have not been prosecuted) on national television that the state decided to investigate.

The fact of the matter is, thousands of polygamists in Utah will never be prosecuted or investigated by law enforcement so long as they stay quiet. This is because crimes that actually hurt people, like murder, abuse, rape, drugs, and robberies are considered more important. The state doesn't have the money or manpower to investigate and try all the polygamists, nor do they have the facilities to house the tens of thousands of children which will become wards of the state for years while their parents are jailed.

Another important reason why the Browns are not being prosecuted is the Supreme Court's June 2003 decision in Lawrence v. Texas, which decriminalized all private adult consensual intimacy, not just gay sex. If the law enforcement community pushes adult bigamy prosecutions, it risks setting up a test case which will affirm that the Lawrence decision applies to polygamy, thus fully decriminalizing it nationwide.

Answer 2

It depends on which state you are in. In Utah, Kody Brown's lifestyle was not legal, and he had to move in order to avoid possible jail time. This is because in Utah, pretending or purporting to be married to multiple people (i.e. cohabiting with multiple women and calling them your 'wife') is illegal, whether you are actually married or not*. However, in other states his lifestyle is techincally legal because he does not have a legal, government recognized marriage with more than one woman - he is only religiously or spiritually married to them and never sought multiple marriage licenses.

*In 2013, Utah's polygamy law was deemed unconsitutional by the United States government. It is still being re-worked.

Answer 3

He is only leagally married to one, and just living with the others. That is not ileagal.