Senate approves felony penalty for those who perform unlawful marriages involving minors

The Utah Senate on Feb. 6 approved First Substitute Senate Bill 146, which makes performing unlawful marriages in specified circumstances involving minors a third-degree felony.

Senator Ron Allen, sponsor of the bill, told colleagues the measure responds to reports prosecutors brought to lawmakers about a growing problem "of young girls particularly being forced into marriages. Some as early as the age of 13." He said the bill tightens statutes to align penalties with child-abuse felonies and to close loopholes that have hindered prosecution.

Allen and other backers said the bill targets several behaviors: persons who solemnize marriages without authority when minors are involved, those who impersonate parents or guardians to consent to a minor's marriage, and parents who allow or encourage underage marriages. "Parents are guilty of a third degree felony when they allow or encourage an underage minor to marry," Allen said during debate.

Opponents and questioners sought clarity about scope. Senators asked whether the bill applies beyond strictly underage marriages and whether other unlawful-marriage provisions already carry penalties; supporters said the language focuses on minors and forced marriages while avoiding unintended consequences for lawful situations such as marriages entered into while a divorce is pending. Senator Hellwell asked about the lawful minimum marriage age; the floor clarified the existing law allowed marriage at 16 (and at 15 with judicial permission) and that the new provisions were aimed at protecting youth age 14 and younger in forced situations.

Advocates cited input from prosecutors and from community groups; one speaker noted that an advocacy group, Tapestry for Women Against Polygamy, had said hundreds of such marriages occur each year. Supporters told the body they had worked with prosecutors and other stakeholders to craft the language.

The bill passed third reading on the day by recorded vote, the President announcing 25 aye votes, no nays and 4 absent. With passage, the bill will be sent to the House for further action.

Next steps: SB146 advances to the House; sponsors said they will provide additional references to related statutory sections, as requested on the floor, to show where other unlawful-marriage penalties already exist.