User:Mimich/Sandbox 5
Legislations, as of 2 November 2009 (not updated eversince) :
Alabama
[edit]Texts :
- Code of Alabama - Title 13A. Criminal code
Chapter 5. Punishment and sentences - Section 13A-5-6. Sentences of imprisonment for felonies.
(a) Sentences for felonies shall be for a definite term of imprisonment, which imprisonment includes hard labor, within the following limitations:
(1) For a Class A felony, for life or not more than 99 years or less than 10 years.
(2) For a Class B felony, not more than 20 years or less than 2 years.
(3) For a Class C felony, not more than 10 years or less than 1 year and 1 day.
(4) For a Class A felony in which a firearm or deadly weapon was used or attempted to be used in the commission of the felony, or a Class A felony criminal sex offense involving a child as defined in Section 15-20-21(5), not less than 20 years.
(5) For a Class B or C felony in which a firearm or deadly weapon was used or attempted to be used in the commission of the felony, or a Class B felony criminal sex offense involving a child as defined in Section 15-20-21(5), not less than 10 years.
(b) The actual time of release within the limitations established by subsection (a) of this section shall be determined under procedures established elsewhere by law.
(c) In addition to any penalties heretofore or hereafter provided by law, in all cases where an offender is designated as a sexually violent predator pursuant to Section 15-20-25.3, or where an offender is convicted of a Class A felony criminal sex offense involving a child as defined in Section 15-20-21(5), and is sentenced to a county jail or the Alabama Department of Corrections, the sentencing judge shall impose an additional penalty of not less than 10 years of post-release supervision to be served upon the defendant's release from incarceration.
Chapter 13. Offenses against the family - Section 13A-13-1. Bigamy.
(a) A person commits bigamy when he intentionally contracts or purports to contract a marriage with another person when he has a living spouse. A person who contracts a marriage outside this state, which would be bigamous if contracted in this state, commits bigamy by cohabiting in the state with the other party to such a marriage.
(b) A person does not commit an offense under this section if:
(1) He reasonably believes that his previous marriage is void or was dissolved by death, divorce or annulment; or
(2) He and the prior spouse have been living apart for five consecutive years next prior to the subsequent marriage, during which time the prior spouse was not known by him to be alive.
(3) The burden of injecting the issues under this subsection is on the defendant, but this does not shift the burden of proof.
(c) Bigamy is a Class C felony.
Alaska
[edit]Texts :
Section 11.51.140. Unlawful Marrying.
(a) A person commits the crime of unlawful marrying if the person knowingly marries or purports to marry
(1) another when that person or the other is lawfully married to a third person;
(2) more than one person simultaneously; or
(3) a person who simultaneously is marrying another person.
(b) Unlawful marrying is a class A misdemeanor.
Arizona
[edit]Texts :
- Arizona revised statute - Chapter 13. Criminal Code.
Section 13-108. Territorial applicability
A. This state has jurisdiction over an offense that a person commits by his own conduct or the conduct of another for which such person is legally accountable if:
1. Conduct constituting any element of the offense or a result of such conduct occurs within this state; or
2. The conduct outside this state constitutes an attempt or conspiracy to commit an offense within this state and an act in furtherance of the attempt or conspiracy occurs within this state; or
3. The conduct within this state constitutes an attempt, solicitation, conspiracy or facilitation to commit or establishes criminal accountability for the commission of an offense in another jurisdiction that is also an offense under the law of this state; or
4. The offense consists of an omission to perform a duty imposed by the law of this state regardless of the location of the defendant at the time of the offense; or
5. The offense is a violation of a statute of this state that prohibits conduct outside the state.
B. When the offense involves a homicide, either the death of the victim or the bodily impact causing death constitutes a result within the meaning of subsection A, paragraph 1. If the body of a homicide victim is found in this state it is presumed that the result occurred in this state.
C. This state includes the land and water and the air space above the land and water.
Section 13-601. Classification of offenses.
A. Felonies are classified, for the purpose of sentence, into the following six categories:
1. Class 1 felonies. 2. Class 2 felonies. 3. Class 3 felonies. 4. Class 4 felonies. 5. Class 5 felonies. 6. Class 6 felonies.
B. Misdemeanors are classified, for the purpose of sentence, into the following three categories:
1. Class 1 misdemeanors. 2. Class 2 misdemeanors. 3. Class 3 misdemeanors.
C. Petty offenses are not classified.
Section 13-701. Sentence of imprisonment for felony; presentence report
A. A sentence of imprisonment for a felony shall be a definite term of years and the person sentenced, unless otherwise provided by law, shall be committed to the custody of the state department of corrections.
B. No prisoner may be transferred to the custody of the state department of corrections without a certified copy of the judgment and sentence, signed by the sentencing judge, and a copy of a recent presentence investigation report unless the court has waived preparation of the report.
C. Except as provided in section 13-604 the term of imprisonment for a felony shall be determined as follows for a first offense:
1. For a class 2 felony, five years.
2. For a class 3 felony, three and one-half years.
3. For a class 4 felony, two and one-half years.
4. For a class 5 felony, one and one-half years.
5. For a class 6 felony, one year.
Section 13-3606. Bigamy; classification; exception.
A. A person having a spouse living who knowingly marries any other person is guilty of a class 5 felony.
B. Subsection A of this section does not extend to a person whose spouse by the former marriage has been absent for five successive years without being known to such person within that time to be living, nor to any person whose former marriage has been pronounced void, annulled or dissolved by judgment of a competent court.
Section 13-3607. Marrying spouse of another; classification
A person who knowingly marries the spouse of another, in any case in which such spouse would be guilty of bigamy, is guilty of a class 5 felony.
Section 13-3608. Incest; classification
Persons who are eighteen or more years of age and are within the degrees of consanguinity within which marriages are declared by law to be incestuous and void, who knowingly intermarry with each other, or who knowingly commit fornication or adultery with each other are guilty of a class 4 felony.
Section 13-3609. Child bigamy; classification; definitions
A. A person commits child bigamy if the person knowingly does any of the following:
1. Is at least eighteen years of age, has a spouse and marries a child.
2. Is at least eighteen years of age and, either alone or in association with others, directs, causes or controls the marriage of a child to a person who already has a spouse.
3. Is at least eighteen years of age and, either alone or in association with others, directs, causes or controls the marriage of a child if the child already has a spouse.
4. Is at least eighteen years of age and marries a child if the child already has a spouse.
5. Transports or finances the transportation of a child to promote marriage between the child and a person who already has a spouse.
6. Transports or finances the transportation of a child who already has a spouse to promote marriage between the child and another person.
B. This section does not apply if a person who marries a child:
1. Has a spouse who has been absent for at least five successive years without being known to the person within that time to be living.
2. Has a former marriage that has been pronounced void, annulled or dissolved by judgment of a competent court.
C. A violation of this section is a class 3 felony.
D. For the purposes of this section:
1. "Marriage" means the state of joining together as husband and wife through an agreement, promise or ceremony regardless of whether a marriage license has been issued by the appropriate authority.
2. "Marry" means to join together as husband and wife through an agreement, promise or ceremony regardless of whether a marriage license has been issued by the appropriate authority.
3. "Spouses" means two persons living together as husband and wife, including the assumption of those marital rights, duties and obligations that are usually manifested by married people, including but not necessarily dependent on sexual relations.
Arkansas
[edit]Texts :
Section 5-26-201 Bigamy
(a) A person commits bigamy if, being married, he purports to marry another person.
(b) It is an affirmative defense to a prosecution under this section that at the time of the alleged offense the actor:
(1) Reasonably believed that the prior spouse was dead; or
(2) Had lived apart from the prior spouse for five (5) consecutive years throughout which time the prior spouse was not known to him to be alive; or
(3) Reasonably believed that a court had ordered a valid termination or annulment of the prior marriage; or
(4) Otherwise reasonably believed that he was legally eligible to marry.
(c) Bigamy is a Class A misdemeanor.
California
[edit]Texts :
281. (a) Every person having a husband or wife living, who marries any other person, except in the cases specified in Section 282, is guilty of bigamy.
(b) Upon a trial for bigamy, it is not necessary to prove either of the marriages by the register, certificate, or other record evidence thereof, but the marriages may be proved by evidence which is admissible to prove a marriage in other cases; and when the second marriage took place out of this state, proof of that fact, accompanied with proof of cohabitation thereafter in this state, is sufficient to sustain the charge.
282. Section 281 does not extend to any of the following:
(a) To any person by reason of any former marriage whose husband or wife by such marriage has been absent for five successive years without being known to such person within that time to be living.
(b) To any person by reason of any former marriage which has been pronounced void, annulled, or dissolved by the judgment of a competent court.
283. Bigamy is punishable by a fine not exceeding ten thousand dollars ($10,000) or by imprisonment in a county jail not exceeding one year or in the state prison.
284. Every person who knowingly and willfully marries the husband or wife of another, in any case in which such husband or wife would be punishable under the provisions of this chapter, is punishable by fine not less than five thousand dollars ($5,000), or by imprisonment in the state prison.
Colorado
[edit]Texts :
- Colorado revised statutes - Title 18. Criminal Code - Article 6. Offenses involving family relations
Section 18.6.201. Bigamy
(1) Any married person who, while still married, marries or cohabits in this state with another commits bigamy, unless as an affirmative defense it appears that at the time of the cohabitation or subsequent marriage:
(a) The accused reasonably believed the prior spouse to be dead; or
(b) The prior spouse had been continually absent for a period of five years during which time the accused did not know the prior spouse to be alive; or
(c) The accused reasonably believed that he was legally eligible to remarry.
(2) Bigamy is a class 6 felony.
Section 18-6-202. Marrying a bigamist.
Any unmarried person who knowingly marries or cohabits with another in this state under circumstances known to him which would render the other person guilty of bigamy under the laws of this state commits marrying a bigamist, which is a class 2 misdemeanor.
Section 18-6-203. Definitions.
As used in sections 18-6-201 and 18-6-202, "cohabitation" means to live together under the representation of being married.
Connecticut
[edit]Texts :
Sec. 53a-190. Bigamy: Class D felony.
(a) A person is guilty of bigamy when he marries or purports to marry another person in this state if either is lawfully married; or so marries or purports to marry another person in any other state or country in violation of the laws thereof, and knowingly cohabits and lives with such other person in this state as husband and wife.
(b) It shall be an affirmative defense to the charge of bigamy that at the time of the subsequent marriage or purported marriage: (1) The actor reasonably believed, based on persuasive and reliable information, that the prior spouse was dead; or (2) a court had entered a judgment purporting to terminate or annul any prior disqualifying marriage and the actor did not know that such judgment was invalid; or (3) the single person did not know that the other person was legally married. (c) Bigamy is a class D felony.
Delaware
[edit]Texts :
- Delaware Statutes - Title 11 Crimes and Criminal Procedure
Chapter 5. Specific offenses - Subchapter IV. Offenses Relating to Marriage
Section 1001. Bigamy; class G felony.
A person is guilty of bigamy when the person contracts or purports to contract a marriage with another person knowing the person has a living spouse, or knowing the other person has a living spouse.
Bigamy is a class G felony.
Section 1002. Bigamy; defenses.
In any prosecution for bigamy it is a defense that, at the time of the allegedly bigamous marriage:
(1) The accused believed, after diligent inquiry, that the prior spouse was dead; or
(2) The parties to the former marriage had been living apart for 7 consecutive years throughout which the accused had no reasonable grounds to believe that the prior spouse was alive; or
(3) A court in any American or foreign jurisdiction had entered a judgment purporting to terminate or annul any prior disqualifying marriage, and the accused did not know that judgment to be invalid; or
(4) The accused otherwise reasonably believed that the accused was legally eligible to remarry.
Section 1003. Bigamous marriage contracted outside the State.
Whoever, being a resident of Delaware goes out of the State and contracts a marriage contrary to § 1001 of this title, intending to return and reside in Delaware, and returns accordingly, is guilty of bigamy.
District of Columbia
[edit]- District of Columbia Official Code - Division IV. Criminal law and procedure and prisoners.
Title 22. Criminal offenses and penalties - Subtitle I. Criminal offenses. - Chapter 5. Bigamy
Section 22-501. Definition and penalty.
Whoever, having a husband or wife living, marries another shall be deemed guilty of bigamy, and on conviction thereof shall suffer imprisonment for not less than 2 nor more than 7 years; provided, that this section shall not apply to any person whose husband or wife has been continually absent for 5 successive years next before such marriage without being known to such person to be living within that time, or whose marriage to said living husband or wife shall have been dissolved by a valid decree of a competent court, or shall have been pronounced void by a valid decree of a competent court on the ground of the nullity of the marriage contract.
Florida
[edit]Section 826.01 Bigamy; punishment.
Whoever, having a husband or wife living, marries another person shall, except in the cases mentioned in s. 826.02, be guilty of a felony of the third degree, punishable as provided in s. 775.082, s.775.083, or s. 775.084.
Section 826.02 Exceptions.
The provisions of S.826.01 shall not extend to any person:
(1) Who reasonably believes that the prior spouse is dead.
(2) Whose prior spouse has voluntarily deserted him or her and remained absent for the space of 3 years continuously, the party marrying again not knowing the other to be living within that time.
(3) Whose bonds of matrimony have been dissolved.
(4) Who violates its provisions because a domestic or foreign court has entered an invalid judgment purporting to terminate or annul the prior marriage and the defendant does not know that judgment to be invalid.
(5) Who reasonably believes that he or she is legally eligible to remarry.
Section 826.03 Knowingly marrying husband or wife of another.
Whoever knowingly marries the husband or wife of another person, knowing him or her to be the spouse of another person, shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Georgia
[edit]Section 16-6-20. Bigamy
(a) A person commits the offense of bigamy when he, being married and knowing that his lawful spouse is living, marries another person or carries on a bigamous cohabitation with another person.
(b) It shall be an affirmative defense that the prior spouse has been continually absent for a period of seven years, during which time the accused did not know the prior spouse to be alive, or that the accused reasonably believed he was eligible to remarry.
(c) A person convicted of the offense of bigamy shall be punished by imprisonment for not less than one nor more than ten years.
Section 16-6-21. Marrying a bigamist.
(a) An unmarried man or woman commits the offense of marrying a bigamist when he marries a person whom he knows to be the wife or husband of another.
(b) It shall be an affirmative defense that the prior spouse of the bigamist has been continually absent for a period of seven years, during which time the accused did not know the prior spouse of the bigamist to be alive, or that the accused reasonably believed the bigamist was eligible to remarry.
(c) A person convicted of the offense of marrying a bigamist shall be punished by imprisonment for not less than one nor more than ten years.
Hawaii
[edit]Texts :
HRS 572-1 Marriage. The man does not at the time have any lawful wife living and that the woman does not at the time have any lawful husband living. However, I could not find any statute in Hawaii making bigamy a crime
HRS 709-900: This section is intended to serve two purposes: (1) to protect a party to a purported marriage from imposition and deception, and (2) to reinforce the statute setting forth the minimal requirements for valid marriage. The Code imposes its lowest form of criminal liability for intentionally marrying or purporting to marry when the actor knows the actor is ineligible to do so. Except to the extent that the previous offense relating to incest[1].
Idaho
[edit]Section 18-1101. BIGAMY DEFINED.
Every person having a husband or wife living, who marries any other person, except in the cases specified in the next section, is guilty of bigamy.
Section 18-1102. EXCEPTIONS TO PRECEDING SECTION.
The last section does not extend: 1. To any person by reason of any former marriage, whose husband or wife by such marriage has been absent for five (5) successive years without being known to such person within that time to be living; nor, 2. To any person by reason of any former marriage which has been pronounced void, annulled, or dissolved by the judgment of a competent court.
Section 18-1103. PUNISHMENT FOR BIGAMY.
Bigamy is punishable by fine not exceeding $2,000 and by imprisonment in the state prison not exceeding three(3) years.
Section 18-1104. MARRYING SPOUSE OF ANOTHER.
Every person who knowingly and wilfully marries the husband or wife of another, in any case in which such husband or wife would be punishable under the provisions of this chapter, is punishable by fine not less than $2,000, or by imprisonment in the state prison not exceeding three (3) years.
Section 19-2113. BIGAMY -- PROOF OF MARRIAGE.
Upon a trial for bigamy, it is not necessary to prove either of the marriages by the register, certificate, or other record evidence thereof, but the same may be proved by such evidence as is admissible to prove a marriage in other cases; and when the second marriage took place out of this state, proof of that fact, accompanied with proof of cohabitation thereafter in this state, is sufficient to sustain the charge.
Section 19-308. BIGAMY OR INCEST.
When the offense either of bigamy or incest is committed in one county, and the defendant is apprehended in another, the venue is in either county.
Illinois
[edit]Texts : Illinois Compiled Statutes
(720 ILCS 5/11-12) (from Ch. 38, par. 11-12)
Section 11-12. Bigamy.
(a) Any person having a husband or wife who subsequently marries another or cohabits in this State after such marriage
(b) It shall be an affirmative defense to bigamy that:
(1) The prior marriage was dissolved or declared invalid; or
(2) The accused reasonably believed the prior spouse to be dead; or
(3) The prior spouse had been continually absent for a period of 5 years during which time the accused did not know the prior spouse to be alive; or
(4) The accused reasonably believed that he was legally eligible to remarry.
(c) Sentence. Bigamy is a Class 4 felony.
Indiana
[edit]C35-46-1-2 Bigamy
Sec-2 (a) A person, who being married and know that his spouse is alive, marries again commits bigamy, a Class D felony.
(b) It is a defense that the accused person reasonably believed that he was eligible to remarry
Iowa
[edit]Section 726.1 Bigamy .
Any person, having a living husband or wife, who marries another, commits bigamy . Any of the following is a defense to the charge of bigamy :
1. The prior marriage was terminated in accordance with applicable law, or the person reasonably believes on reasonably convincing evidence that the prior marriage was so terminated.
2. The person believes, on reasonably convincing evidence, that the prior spouse is dead.
3. The person has, for three years, had no evidence by which the person can reasonably believe that the prior spouse is alive.
Any person who marries another who the person knows has another living husband or wife commits bigamy . Bigamy is a serious misdemeanor.
Kansas
[edit]Section 21-3601. Bigamy
1. Bigamy is any of the following:
(1). Marriage within this state by any person who shall have another spouse living at the time of such marriage;
(2). Marriage within this state by an unmarried person to a person known to such unmarried person to be the spouse of some other person;
(3). Cohabitation within this state after marriage in another state or country under circumstances described in subsection 1.1 or subsecttion 1.2 of this section.
2. It shall be a defense to a charge of bigamy that the accused reasonably beleived the prior marriage had been dissolved by death, divorce, or annulment.
3. Bigamy is a class E felony
Kentucky
[edit]Section 530.010 Bigamy -- Defense.
(1) A person is guilty of bigamy when he:
(a) Purports to marry another person knowing he has a husband or wife or knowing the other person has a husband or wife; or
(b) Cohabits in this state after a bigamous marriage in another state.
(2) It shall be a defense to bigamy that the accused believed he was legally eligible to remarry.
(3) Bigamy is a Class D felony.
Louisiana
[edit]Subpart B-Sex Offenses involving the family
RS-14§76. Bigamy is the marriage to another person by a person already married and having a husband or wife living; or the habitual cohabitation, in this state, with such second husband or wife, regardless of the place where the marriage was celebrated.
The provisions of this article shall not extend:
(1) To any person whose former husband or wife has been absent, at the time of the second marriage, for five successive years without being known to such person, within that time, to be living; or
(2) To any person whose former marriage has been annulled or dissolved at the time of the second marriage, by the judgment of a competent court; or
(3) To any person who has, at the time of the second marriage, a reasonable and honest belief that his or her former husband or wife is dead, or that a valid divorce or annulment has been secured, or that his or her former marriage was invalid.
Whoever commits the crime of bigamy shall be fined not more than one thousand dollars, or imprisoned, with or without hard labor, for not more than five years, or both.
RS-14§77. Abetting in bigamy is the marriage of an unmarried person to the husband or wife of another, with knowledge of the fact that the party is married and without a reasonable and honest belief that such party is divorced or his marriage annulled, or that the party's husband or wife is dead.
Whoever commits the crime of abetting in bigamy shall be fined not more than one thousand dollars, or imprisoned, with or without hard labor, for not more than five years, or both.
Maine
[edit]Section 551. Bigamy
1. A person is guilty of bigamy, if having a spouse, he intentionally marries or purports to marry, knowing that he is legally ineligible to do so.
a. Bigamy is a class E crime.
Maryland
[edit]- Annotated Code of Maryland - Criminal Law
Section 10-502. Bigamy.
(a) Scope of section.- This section does not apply to a person if:
(1) the person's previous lawful spouse has been absent from the person for a continuous period of 7 years; and
(2) the person does not know whether the person's previous lawful spouse is living at the time of the subsequent marriage ceremony.
(b) Prohibited.- While lawfully married to a living person, a person may not enter into a marriage ceremony with another.
(c) Penalty.- A person who violates this section is guilty of the felony of bigamy and on conviction is subject to imprisonment not exceeding 9 years.
(d) Charging document.- An indictment or warrant for bigamy is sufficient if it substantially states:
"(name of defendant) on (date), in (county), having a living spouse, feloniously entered into a marriage ceremony with (name of subsequent spouse), in violation of § 10-502 of the Criminal Law Article, against the peace, government, and dignity of the State."
Massachusetts
[edit]- General laws of Massachusetts - Part IV. Crimes, punishments and proceedings in civil cases
Chapter 272. Crimes against chastity, morality, decency and good order - Section 15. Polygamy.
Whoever, having a former husband or wife living, marries another person or continues to cohabit with a second husband or wife in the commonwealth shall be guilty of polygamy, and be punished by imprisonment in the state prison for not more than five years or in jail for not more than two and one half years or by a fine of not more than five hundred dollars; but this section shall not apply to a person whose husband or wife has continually remained beyond sea, or has voluntarily withdrawn from the other and remained absent, for seven consecutive years, the party marrying again not knowing the other to be living within that time, nor to a person who has been legally divorced from the bonds of matrimony.
Michigan
[edit]Chapter 83. Of marriage and the solemnization thereof.
551.5 Bigamy prohibited.
Sec. 5. No marriage shall be contracted whilst either of the parties has a former wife or husband living, unless the marriage with such former wife or husband, shall have been dissolved.
Domestic Relations - Marriage - Void - Grounds - Bigamy (From: Michigan Appellate Digest) No marriage may be contracted while either of the parties has a living spouse, unless the prior marriage has been dissolved. All marriages are void which are prohibited by law on account of consanguinity or affinity or because a party was already married, was insane or was an idiot. Thus, a bigamous marriage is void. MCL 551.5, MCL 552.1
552.31 Legitimacy of issue; dissolution of bigamous marriage entered into in good faith.
Sec. 31.When a marriage is dissolved on account of a prior marriage of either party, and it shall appear that the second marriage was contracted in good faith, and with the full belief of the parties that the former wife or husband was dead, that fact shall be stated in the decree of divorce or nullity; and the issue of such second marriage, born or begotten before the commencement of the suit, shall be deemed to be the legitimate issue of the parent who, at the time of the marriage, was capable of contracting.
Minnesota
[edit]Texts :
609.355 Bigamy
Subdivision 1. Definition.
In this section "cohabit" means to live together under the representation or appearance of being married.
Subd. 2. Acts constituting.
Whoever does any of the following is guilty of bigamy and maybe sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both: (1) knowingly having a prior marriage that is not dissolved, contracts a marriage in this state; or (2) contracts a marriage with another in this state with knowledge that the prior marriage of the other is not dissolved; or
(3) marries another outside this state with knowledge that either of them has a prior
marriage that has not been dissolved, and then cohabits with the other in this state.
Mississippi
[edit]97-29-13: Bigamy:
Every person having a husband or wife living, who shall marry again, and every unmarried person who shall knowingly marry the husband or wife of another living, except in the cases hereinafter named, shall be guilty of bigamy, and imprisoned in the penitentiary not longer than ten years.
97-29-15
Bigamy shall not extend to any person whose husband or wife shall have been absent for seven successive years, without being known to such person, within the time, to be living; nor to any person whose husband or wife shall have absented himself or herself from his or her husband or wife, and remained without the United States continually for seven years; nor to any person, by reason of any former marriage which shall have been dissolved by the decree of a competent court, unless the said decree provide that such person shall not be at liberty to marry again; nor to any person, by reason of any former marriage which shall have been pronounced void by the sentence or decree, of a competent court, for the nullity of the marriage contract; nor to any person by reason of any former marriage, contracted by such person within the age of legal consent, and which shall have been annulled by the decree of a competent court.
99-19-35
A person convicted of bribery, burglary, theft, arson, obtaining money or goods under false pretenses, perjury, forgery, embezzlement, or bigamy shall not be allowed to practice medicine or dentistry, or be appointed to hold or perform the duties of any office of profit, trust, or honor, unless after full pardon for the same.
Missouri
[edit]568.010.
1. A married person commits the crime of bigamy if he:
(1) Purports to contract another marriage; or
(2) Cohabits in this state after a bigamous marriage in another jurisdiction.
2. A married person does not commit bigamy if, at the time of the subsequent marriage ceremony, he reasonably believes that he is legally eligible to remarry.
3. The defendant shall have the burden of injecting the issue of reasonable belief of eligibility to remarry.
4. An unmarried person commits the crime of bigamy if he
(1) Purports to contract marriage knowing that the other person is married; or
(2) Cohabits in this state after a bigamous marriage in another jurisdiction.
5. Bigamy is a class A misdemeanor.
Montana
[edit]45-5-611. Bigamy.
(1) A person commits the offense of bigamy if, while married, he knowingly contracts or purports to contract another marriage unless at the time of the subsequent marriage:
(a) the offender believes on reasonable grounds that the prior spouse is dead;
(b) the offender and the prior spouse have been living apart for 5 consecutive years throughout which the prior spouse was not known by the offender to be alive;
(c) a court has entered a judgment purporting to terminate or annul any prior disqualifying marriage and the offender does not know that judgment to be invalid; or
(d) the offender reasonably believes that he is legally eligible to remarry.
(2) A person convicted of bigamy shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both.
45-5-612. Marrying a bigamist.
(1) A person commits the offense of marrying a bigamist if he contracts or purports to contract a marriage with another knowing that the other is thereby committing bigamy.
(2) A person convicted of the offense of marrying a bigamist shall be fined not to exceed $500 or be imprisoned in the county jail for any period not to exceed 6 months, or both.
Nebraska
[edit]Section 28-701. Bigamy; penalty; exception.
(1) If any married person, having a husband or wife living, shall marry any other person, he shall be deemed guilty of bigamy, unless as an affirmative defense it appears that at the time of the subsequent marriage:
(a) The accused reasonably believes that the prior spouse is dead; or
(b) The prior spouse had been continually absent for a period of five years during which the accused did not know the prior spouse to be alive; or
(c) The accused reasonably believed that he was legally eligible to remarry.
(2) Any unmarried person who knowingly marries a person who is married commits bigamy.
(3) Bigamy is a Class I misdemeanor.
Nevada
[edit]NRS 201.160 Bigamy: Definition; penalty.
1. Bigamy consists in the having of two wives or two husbands at one time, knowing that the former husband or wife is still alive.
2. If a married person marries any other person while the former husband or wife is alive, the person so offending is guilty of a category D felony and shall be punished as provided in NRS 193.130.
3. It is not necessary to prove either of the marriages by the register and certificate thereof, or other record evidence, but those marriages may be proved by such evidence as is admissible to prove a marriage in other cases, and when the second marriage has taken place without this State, cohabitation in this State after the second marriage constitutes the commission of the crime of bigamy.
4. This section does not extend:
(a) To a person whose husband or wife has been continually absent from that person for the space of 5 years before the second marriage, if he or she did not know the husband or wife to be living within that time.
(b) To a person who is, at the time of the second marriage, divorced by lawful authority from the bonds of the former marriage, or to a person where the former marriage has been by lawful authority declared void.
New Hampshire
[edit]- New Hampshire Revised Statutes - Chapter 457. Marriages
BIGAMY - The condition of a married person who knows that he/she is not legally eligible to marry and marries another. In New Hampshire BIGAMY is a felony. NH RSA 639:1; See also NH RSA 457:41.
New Jersey
[edit]2C:24-1. Bigamy
a. Bigamy. A married person is guilty of bigamy, a disorderly persons offense, if he contracts or purports to contract another marriage, unless at the time of the subsequent marriage:
(1) The actor believes that the prior spouse is dead;
(2) The actor and the prior spouse have been living apart for 5 consecutive years throughout which the prior spouse was not known by the actor to be alive;
(3) A court has entered a judgment purporting to terminate or annul any prior disqualifying marriage, and the actor does not know that judgment to be invalid; or
(4) The actor reasonably believes that he is legally eligible to remarry.
b. Other party to bigamous marriage. A person is guilty of bigamy if he contracts or purports to contract marriage with another knowing that the other is thereby committing bigamy.
New Mexico
[edit]30-10-1. Bigamy.
Bigamy consists of knowingly entering into a marriage by or with a person who has previously contracted one or more marriages which have not been dissolved by death, divorce or annulment. Both parties may be principals.Whoever commits bigamy is guilty of a fourth degree felony.
Sec. 9.
Every person who shall be convicted of bigamy or polygamy, shall be imprisoned not more than seven years nor less than two years.
New York
[edit]1. the actor believes that the prior spouse is dead; 2. the actor and the prior spouse have been living apart for two consecutive years throughout which the prior spouse was not known by the actor to be alive; or 3. a court has entered a judgment purporting to terminate or annul any prior disqualifying marriage, and the actor does not know that judgment to be invalid.
(b) Other party to bigamous marriage.--A person is guilty of bigamy if he contracts or purports to contract marriage with another knowing that the other is thereby committing bigamy.
S 255.10 Unlawfully procuring a marriage license. A person is guilty of unlawfully procuring a marriage license when he procures a license to marry another person at a time when he has a living spouse, or the other person has a living spouse. Unlawfully procuring a marriage license is a class A misdemeanor. S 255.15 Bigamy: A person is guilty of bigamy when he contracts or purports to contract a marriage with another person at a time when he has a living spouse, or the other person has a living spouse. Bigamy is a class E felony. Class E felonies carry the shortest jail sentences for felony cases. Jail sentences for misdemeanor and violations or infractions are even shorter.
North Carolina
[edit]§ 14‑183. Bigamy.
If any person, being married, shall marry any other person during the life of the former husband or wife, every such offender, and every person counseling, aiding or abetting such offender, shall be punished as a Class I felon. Any such offense may be dealt with, tried, determined and punished in the county where the offender shall be apprehended, or be in custody, as if the offense had been actually committed in that county. If any person, being married, shall contract a marriage with any other person outside of this State, which marriage would be punishable as bigamous if contracted within this State, and shall thereafter cohabit with such person in this State, he shall be guilty of a felony and shall be punished as in cases of bigamy. Nothing contained in this section shall extend to any person marrying a second time, whose husband or wife shall have been continually absent from such person for the space of seven years then last past, and shall not have been known by such person to have been living within that time; nor to any person who at the time of such second marriage shall have been lawfully divorced from the bond of the first marriage; nor to any person whose former marriage shall have been declared void by the sentence of any court of competent jurisdiction.
North Dakota
[edit]- North Dakota Century Code - Title 12
12.1-20-13. Bigamy.
1. A person who marries another person, while married to another person, is guilty of a class C felony.
2. Subsection 1 does not extend to:
a. A person whose spouse has been absent for five successive years and is believed by him or her to be dead.
b. A person whose spouse has voluntarily absented himself and has continually remained without the United States for the space of five successive years.
c. A person whose former marriage has been pronounced void, null, or dissolved by the judgment of a competent court.
Ohio
[edit]§ 2919.01. - Bigamy.
(A) No married person shall marry another or continue to cohabit with such other person in this state.
(B) It is an affirmative defense to a charge under this section that the actor's spouse was continuously absent for five years immediately preceding the purported subsequent marriage, and was not known by the actor to be alive within that time.
(C) Whoever violates this section is guilty of bigamy, a misdemeanor of the first degree
Oklahoma
[edit]- Oklahoma Statutes - Title 43. Marriage and Family
§21‑881. Bigamy defined.
Every person who having been married to another who remains living, marries any other person except in the cases specified in the next section is guilty of bigamy.
§21‑882. Exceptions to the rule of bigamy.
The last preceding section does not extend:
1. To any person whose husband or wife by a former marriage has been absent for five (5) successive years without being known to such person within that time to be living; nor,
2. To any person whose husband or wife by a former marriage has absented himself or herself from his wife or her husband and has been continually remaining without the United States for a space of five (5) years together; nor,
3. To any person by reason of any former marriage which has been pronounced void, annulled or dissolved by the judgment of a competent court; nor,
4. To any person by reason of any former marriage with a husband or wife who has been sentenced to imprisonment for life.
§21‑883. Bigamy a felony.
Any person guilty of bigamy shall be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding five (5) years.
§22‑746. Bigamy, proof on trial for.
Upon a trial for bigamy, it is not necessary to prove either of the marriages by the register, certificate or other record evidence thereof, but the same may be proved by such evidence as is admissible to prove a marriage in other cases, and when the second marriage took place out of the state, proof of that fact accompanied with proof of cohabitation thereafter in this state, is sufficient to sustain the charge.
§43-123. Remarriage and cohabitation - Appeal from judgment.
It shall be unlawful for either party to an action for divorce whose former husband or wife is living to marry in this state a person other than the divorced spouse within six (6) months from date of decree of divorce granted in this state, or to cohabit with such other person in this state during said period if the marriage took place in another state; and if an appeal be commenced from said decree, it shall be unlawful for either party to such cause to marry any other person and cohabit with such person in this state until the expiration of thirty (30) days from the date on which final judgment shall be rendered pursuant to such appeal. Any person violating the provisions of this section by such marriage shall be deemed guilty of the felony of bigamy. Any person violating the provisions of this section by such cohabitation shall be deemed guilty of the felony of adultery.
An appeal from a judgment granting or denying a divorce shall be made in the same manner as in any other civil case.
§43-124. Bigamy a felony.
Every person convicted of bigamy as such offense is defined in Section 123 of this title shall be guilty of a felony and shall be punished by imprisonment in the State Penitentiary for a term of not less than one (1) year nor more than three (3) years.
Oregon
[edit]TITLE 11.Domestic relations - Chapter 106. Marriage - Section 106.020. Prohibited and void marriages.
The following marriages are prohibited; and, if solemnized within this state, are absolutely void:'
(1) When either party thereto had a wife or husband living at the time of such marriage.
TITLE 16 Crimes and punishments
Chapter 161. General Provisions
Section 161.515 “Crime” described.
(1) A crime is an offense for which a sentence of imprisonment is authorized. (2) A crime is either a felony or a misdemeanor.
Section 161.525 Felony described.
Except as provided in ORS 161.585 and 161.705, a crime is a felony if it is so designated in any statute of this state or if a person convicted under a statute of this state may be sentenced to a maximum term of imprisonment of more than one year.
Section 161.535 Classification of felonies.
(1) Felonies are classified for the purpose of sentence into the following categories:
(a) Class A felonies; (b) Class B felonies; (c) Class C felonies; and (d) Unclassified felonies.
Section 161.605 Maximum prison terms for felonies.
The maximum term of an indeterminate sentence of imprisonment for a felony is as follows: ... (3) For a Class C felony, 5 years.
Chapter 163. Offenses Against Persons - Section 163.515 Bigamy.
(1) A person commits the crime of bigamy if the person knowingly marries or purports to marry another person at a time when either is lawfully married.
(2) Bigamy is a Class C felony.
163.515 Bigamy. (1) A person commits the crime of bigamy if the person knowingly marries or purports to marry another person at a time when either is lawfully married. (2) Bigamy is a Class C felony. [1971 c.743 §171]
§ 4301.(a) Bigamy.--A married person is guilty of bigamy, a misdemeanor of the second degree, if he contracts or purports to contract another marriage, unless at the time of the subsequent marriage:
1. the actor believes that the prior spouse is dead;
2. the actor and the prior spouse have been living apart for two consecutive years throughout which the prior spouse was not known by the actor to be alive; or
3. a court has entered a judgment purporting to terminate or annul any prior disqualifying marriage, and the actor does not know that judgment to be invalid.
(b) Other party to bigamous marriage.--A person is guilty of bigamy if he contracts or purports to contract marriage with another knowing that the other is thereby committing bigamy.
Pennsylvania
[edit]- Pennsylvania Consolidated Statutes - Part I. Marriage - Chapter 17. Miscellaneous provisions relating to marriage
.........
(a) Bigamy.--A married person is guilty of bigamy, a misdemeanor of the second degree, if he contracts or purports to contract another marriage, unless at the time of the subsequent marriage:
1. the actor believes that the prior spouse is dead;
2. the actor and the prior spouse have been living apart for two consecutive years throughout which the prior spouse was not known by the actor to be alive; or
3. a court has entered a judgment purporting to terminate or annul any prior disqualifying marriage, and the actor does not know that judgment to be invalid.
(b) Other party to bigamous marriage.--A person is guilty of bigamy if he contracts or purports to contract marriage with another knowing that the other is thereby committing bigamy.
Rhode Island
[edit]§ 11-6-1 Bigamy.
Every person who shall be convicted of being married to another, or of cohabiting with another as husband and wife, having at the time a former husband or wife living, shall be fined not exceeding one thousand dollars ($1,000); provided, that this shall not extend to any person whose husband or wife shall be continually remaining without the limits of this state for the space of seven (7) years together, the party being married after the expiration of the seven (7) years, not knowing the other to be living within that time, nor to any person who shall be divorced at the time of the second marriage, nor to any person by reason of any former or prior marriage made when the man was less than fourteen (14) and the woman less than twelve (12) years of age.
§ 12-12-17 Statute of limitations.
(a) There shall be no statute of limitations for the following offenses: treason against the state, any homicide, arson, first degree arson, second degree arson, third degree arson, burglary, counterfeiting, forgery, robbery, rape, first degree sexual assault, first degree child molestation sexual assault, second degree child molestation sexual assault, bigamy, manufacturing, selling, distribution or possession with intent to manufacture, sell or distribute a controlled substance under the Uniform Controlled Substance Act, chapter 28 of title 21, or any other offense for which the maximum penalty provided is life imprisonment.
§ 15-1-5 Bigamous marriages void – Marriage of persons who are mentally incompetent.
Any marriage, when either of the parties at the time of the marriage has a former wife or husband living who has not been, by final decree, divorced from that party, and any marriage where either of the parties is mentally incompetent at the time of the marriage, shall be absolutely void, and no life estate created by chapter 25 of title 33 shall be assigned to any widow in consequence of the marriage.
South Carolina
[edit]Texts :
- South Carolina Code of Laws - Title 20. Domestic Relations - Chapter 1. Marriage
CHAPTER 15. OFFENSES AGAINST MORALITY AND DECENCY
SECTION 16-15-10. Bigamy. [SC ST SEC 16-15-10]
Any person who is married who shall marry another person shall, unless:
(1) His or her husband or wife has remained continually for seven years beyond the sea or continually absented himself or herself from such person for the space of seven years together, such person not knowing his or her wife or husband to be living within that time;
(2) He or she was married before the age of consent;
(3) His or her wife or husband is under sentence of imprisonment for life; or
(4) His or her marriage has been annulled or he or she has been divorced by decree of a competent tribunal having jurisdiction both of the cause and the parties;
On conviction, be punished by imprisonment in the Penitentiary for not more than five years nor less than six months or by imprisonment in the jail for six months and by a fine of not less than five hundred dollars. Bigamy is a Class F felony.
South Dakota
[edit]Texts :
- South Dakota Codified Laws - Title 25. Domestic relations - Chapter 01. Validity And Performance Of Marriages
Section 25-1-8. Bigamous marriage void--Former spouse absent or believed dead.
A subsequent marriage contracted by any person during the life of a former husband or wife of such person with any person other than such former husband or wife, is null and void from the beginning, unless the former marriage has been annulled or dissolved, or unless such former husband or wife was absent and not known to such person to be living for the space of five successive years immediately preceding such subsequent marriage, or was generally reputed and was believed by such person to be dead at the time such subsequent marriage was contracted, in either of which cases the subsequent marriage is valid until its nullity is adjudged by a competent tribunal.
22-22-15. Bigamy defined--Exceptions--Felony. Any person who, while married to another presently living person, marries any other person, is guilty of bigamy. This section does not apply to: (1) Any person, whose husband or wife has been absent for five successive years without being known to be living by such person; (2) Any person, whose husband or wife has absented himself or herself from such spouse by being outside the United States, continuously for five years; (3) Any person, whose marriage has been pronounced void, annulled, or dissolved by a competent court; or (4) Any person, presently married, who believes, in good faith, and has reason to believe, that the marriage has been pronounced void, annulled, or dissolved by a competent court. Bigamy is a Class 6 felony.
Tennessee
[edit]- Tennessee Code Annotated - Title 36. Domestic Relations - Chapter 3. Marriage - Part 1. License
39.15.291: Bigamy
A person commits bigamy who:
(a)(1) Is married and purports to marry a person other than such person's spouse in this state under circumstances that would, but for such person's existing marriage, constitute a marriage; or
(2) Knows that a person other than such person's spouse is married and purports to marry such person in this state under circumstances that would, but for such person's existing marriage, constitute a marriage.
(b) It is a defense to prosecution under subdivision (a)(1) that the person reasonably believed that the person's marriage had been dissolved by death, divorce or annulment. (c) Bigamy is a Class A misdemeanor.
Texas
[edit]- Texas Family Code - TITLE 1. The marriage relationship
TITLE 6. OFFENSES AGAINST THE FAMILY
CHAPTER 25. OFFENSES AGAINST THE FAMILY
§ 25.01. BIGAMY.
- (a) An individual commits an offense if:
- (1) he is legally married and he:
- (A) purports to marry or does marry a person other than his spouse in this state, or any other state or foreign country, under circumstances that would, but for the actor's prior marriage, constitute a marriage; or
- (B) lives with a person other than his spouse in this state under the appearance of being married; or
- (2) he knows that a married person other than his spouse is married and he:
- (A) purports to marry or does marry that person in this state, or any other state or foreign country, under circumstances that would, but for the person's prior marriage, constitute a marriage; or
- (B) lives with that person in this state under the appearance of being married.
- (A) purports to marry or does marry that person in this state, or any other state or foreign country, under circumstances that would, but for the person's prior marriage, constitute a marriage; or
- (1) he is legally married and he:
- (b) For purposes of this section, "under the appearance of being married" means holding out that the parties are married with cohabitation and an intent to be married by either party.
- (c) It is a defense to prosecution under Subsection (a)(1) that the actor reasonably believed that his marriage was void or had been dissolved by death, divorce, or annulment.
- (d) For the purposes of this section, the lawful wife or husband of the actor may testify both for or against the actor concerning proof of the original marriage.
- (e) An offense under this section is a Third Degree Felony.
Utah
[edit]Texts:
- Utah Code - Title 30. Husband and Wife - Chapter 01. Marriage
76-7-101. Bigamy -- Defense.
(1) A person is guilty of bigamy when, knowing he has a husband or wife or knowing the other person has a husband or wife, the person purports to marry another person or cohabits with another person.
(2) Bigamy is a felony of the third degree.
(3) It shall be a defense to bigamy that the accused reasonably believed he and the other person were legally eligible to remarry.
Vermont
[edit]- Vermont statutes - Title 15. Domestic Relations - Chapter 1. Marriage
TITLE 13 Crimes and Criminal Procedure : PART 1 Crimes : CHAPTER 5. ADULTERY AND BIGAMY
§ 206. Bigamy.
A person having a husband or wife living who marries another person, or continues to cohabit with such second husband or wife in this state, shall be imprisoned not more than five years. This section shall not extend to a person whose husband or wife has been continually beyond the sea, or out of the state for seven consecutive years, the party marrying again not knowing the other to be living within that time; or to a person whose former marriage has been avoided by divorce or sentence of nullity, or was contracted under the age of consent and not afterwards assented to.
§ 208. Alleging marriage in bigamy prosecution.
In prosecutions for bigamy it shall be sufficient to allege in the information or indictment that, at the time of the second marriage, the respondent had a wife or husband living, without specifying the time or place of the former marriage or the name of the former husband or wife.
Virginia
[edit]- Code of Virginia - Title 20. Domestic relations
§ 18.2-362. Person marrying when husband or wife is living; penalty; venue.
If any person, being married, shall, during the life of the husband or wife, marry another person in this Commonwealth, or if the marriage with such other person take place out of the Commonwealth, shall thereafter cohabit with such other person in this Commonwealth, he or she shall be guilty of a Class 4 felony. Venue for a violation of this section may be in the county or city where the subsequent marriage occurred or where the parties to the subsequent marriage cohabited.
§ 18.2-364. Exceptions to preceding sections.
Sections 18.2-362 and 18.2-363 shall not extend to a person whose husband or wife shall have been continuously absent from such person for seven years next before marriage of such person to another, and shall not have been known by such person to be living within that time; nor to a person who can show that the second marriage was contracted in good faith under a reasonable belief that the former consort was dead; nor to a person who shall, at the time of the subsequent marriage, have been divorced from the bond of the former marriage; nor to a person whose former marriage was void.
§ 18.2-363. Leaving Commonwealth to evade law against bigamy.
If any persons, resident in this Commonwealth, one of whom has a husband or wife living, shall, with the intention of returning to reside in this Commonwealth, go into another state or country and there intermarry and return to and reside in this Commonwealth cohabiting as man and wife, such marriage shall be governed by the same law, in all respects, as if it had been solemnized in this Commonwealth.
Washington
[edit]- Washington Revised Code - Title 26. Domestic relations - Chapter 04. Marriage
RCW 9A.64.010 Bigamy.
(1) A person is guilty of bigamy if he intentionally marries or purports to marry another person when either person has a living spouse.
(2) In any prosecution under this section, it is a defense that at the time of the subsequent marriage or purported marriage:
(a) The actor reasonably believed that the prior spouse was dead; or
(b) A court had entered a judgment purporting to terminate or annul any prior disqualifying marriage and the actor did not know that such judgment was invalid; or
(c) The actor reasonably believed that he was legally eligible to marry.
(3) The limitation imposed by RCW 9A.04.080 on commencing a prosecution for bigamy does not begin to run until the death of the prior or subsequent spouse of the actor or until a court enters a judgment terminating or annulling the prior or subsequent marriage.
(4) Bigamy is a class C felony.
West Virginia
[edit]Texts :
- West Virginia Code - Chapter 48. Domestic relations - Article 2. Marriage
§61-8-1. Bigamy -- Penalty.
Any person, being married, who, during the life of the former husband or wife, shall marry another person in this state, or, if the marriage with such other person take place out of this state, shall thereafter cohabit with such other person in this state, shall be guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than one nor more than five years.
Wisconsin
[edit]- Wisconsin Statutes - Chapter 765. The Family Code (765-768)
Chapter 944, SUBCHAPTER II. Sexual crimes which affect the family
944.05 Bigamy.
(1) Whoever does any of the following is guilty of a Class I felony:
(a) Contracts a marriage in this state with knowledge that his or her prior marriage is not dissolved; or
(b) Contracts a marriage in this state with knowledge that the prior marriage of the person he or she marries is not dissolved; or
(c) Cohabits in this state with a person whom he or she married outside this state with knowledge that his or her own prior marriage had not been dissolved or with knowledge that the prior marriage of the person he or she married had not been dissolved.
(2) In this section “cohabit” means to live together under the representation or appearance of being married.
Wyoming
[edit]- Wyoming Statutes - Title 20. Domestic relations - Chapter 1. Husband and wife - Article 1. Creation of marriage
Chapter 4 Articles 1-4 Bigamy is a felony punishable by imprisonment for not more than 5 years, a fine of not more than $5,000, or both.