State v. Green

99 P.3d 820 (2004)

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Nature of the Case

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Facts

D is an avowed polygamist. D has participated in simultaneous conjugal-type relationships with multiple women. All use D's surname and have borne children who also use the D surname. Through his relationships, D has fathered approximately twenty-five children. Some of the women entered into licensed marriages with D. The remaining women participated in unlicensed ceremonies, after which they considered themselves married to D. Green avoided being in more than one licensed marriage at a time by terminating each licensed marriage by divorce prior to obtaining a license for a new marriage. D continued his relationships with each of the women he divorced as if no divorce had occurred. The family resided together in a collection of shared mobile homes. The women spent nights individually with D in his mobile home on a rotating schedule. All the adults had the duties of raising the children and managing the family by dividing the tasks of cooking for the entire family, doing the family laundry, and homeschooling all of the children. The women assisted with the family business, which consisted of selling magazine subscriptions. All money earned by the family business was pooled into 'the Green Family Household account.' D appeared on various television shows with the women, consistently referring to the women as his wives, and the women likewise acknowledged spousal relationships. D acknowledged that his conduct was potentially punishable under Utah criminal statutes. D was charged with four counts of bigamy. On a motion by P, the district court found that D and Linda Kunz were legally married. The jury convicted D on all four bigamy counts. D appealed.