If the crime of "polygamy" requires that multiple licenses be issued, and if the members of the FLDS do not request the issuance of multiple licenses, then I most assuredly DO believe that the crime of polygamy has not occurred.
If, for example, the crime of bank robbery requires a bank, then holding up a liquor store does not make one guilty of bank robbery. It is really no more complicated than that.
Jeffs has been convicted of being an accomplice to rape. The law probably found that his officiating at a sham marriage constituted an aiding of the rapist in committing the crime. But I don't believe that Jeffs was convicted of polygamy nor do I know that the rapist was convicted of polygamy.
don’t forget texas allows for “informal marriage” aka common law marriage.
It specifically forbits informal marriage to anyone under 18.
The law also specifically forbids informal marriage for those who are married formally.
In a non-common law state your position would be legally accurate but in a common law state it would hinge on intent and proof of intent.