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Nancy Grace on 'Sister Wives' Investigation: “Kody Should Go to Jail!”

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Oct. 25 2010, Published 12:27 p.m. ET

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TLC’s hit reality show Sister Wives, which chronicles the lives of fundamentalist Mormon Kody Brown and his four wives – Meri, Janelle, Christine and Robyn – and 16 children in Utah has captivated audiences since it first aired. But by opening up their controversial lives to the world, the Browns have also made themselves suspect to legal charges and are currently under investigation for bigamy. Although the season finale aired last week, the drama is far from over. To break down the legal issues with Sister Wives, OK! went to legal expert Nancy Grace. As the new host of the hit syndicated series Swift Justice With Nancy Grace, Nancy knows the law better than anyone on television. According to Nancy, if justice is served, Kody should be in jail. Kody is legally only married to his first wife, Meri, but could he have a common law marriage because he lives with the other wives? Utah does recognize common law marriage, but in this case bigamy trumps common law. He should go to jail. How could being on the show be used against Kody and his family in court? Video evidence is the best evidence. The cameras don't lie. But forget what's aired, there's a mountain of unaired footage that will come into evidence too. What could happen to the children? If found guilty, the children could be removed. Historically with so many polygamous families in the state the children won't be removed unless abuse is shown. Could Kody or the wives go to jail? The law is the law — bigamy is a 3rd degree felony in Utah. Those participating in the crime face a maximum of five years in prison and a $5,000 fine. But most likely, Utah will turn a blind eye, as usual. What would the courts need to prove? That someone already married, purports to marry or co-habitate with another in addition to their spouse — or?? — If you know the other has a husband or wife and purport to marry or co-habitate with them, that's also a crime. What do you think will happen? When you don't know a horse, look at his track record. Even with the family taunting authorities on national TV, it's unlikely Utah will prosecute although clearly, they should!

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