Living together
out of wedlock would be downgraded from a sex crime to
fraud, and then only if the couple claims to be married,
under a proposal that passed the state senate in
Bismarck, N.D., on Friday. The bill was changed
from an outright repeal of the state's anticohabitation law.
The amended proposal would make the false representation of
marital status a misdemeanor crime for a man and woman
who live together. Cohabiting couples who do not
falsely claim marriage would not be penalized.
The proposal now goes to the state house. Since
gaining statehood, North Dakota has barred unmarried
couples from ''openly and notoriously'' living
together as if they were married. It is one of seven states
with anticohabitation laws.
The punishment would be the same, with a maximum
30 days in jail and a $1,000 fine. But the proposal
would remove the blanket ban on cohabitation, which
has not been prosecuted in years, and its listing
among sex crimes including rape and child sexual abuse.
''This is, in fact, the 21st century, and I
believe it's time to put to rest this 19th-century
legislation,'' said state senator Tracy Potter.
''If people are
more comfortable in this wording, I have no problem, but
I don't think it changes anything,'' said Sen. Tim Mathern,
a Democrat from Fargo. (Dale Wetzel, AP)