Was the practice of polygamy against the law in Illinois in the 1840s?

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Was the practice of polygamy against the law in Illinois in the 1840s?

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Joseph Smith could not have been properly convicted of adultery under the law of Illinois in 1844. Illinois law only criminalized adultery or fornication if it was "open". Had Joseph lived to face trial on this charge, he would have had good reason to expect acquittal because his relationships with his plural wives were not open, but were kept confidential and known by a relative few. Given a fair trial on this indictment, Joseph could have relied on several legal defenses.

— Gordon A. Madsen

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Questions

• Was the practice of polygamy against the law in Illinois?

To see citations to the critical sources for these claims, [[../CriticalSources|click here]]

Answer

Polygamy was certainly declared illegal during the Utah-era anti-polygamy crusade, and many have presumed that it would have been illegal under Illinois law in the 1840s.

However, recent legal analysis demonstrates that this is not the case—Joseph Smith and his plural spouses had multiple grounds upon which they could expect to be acquitted of the charge of adultery.

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