Bigamy Laws States A-G
Please note there is no centralized database for jurisdictions to check to see whether or not a person is being truthful on their application. The sentences and fines for bigamy are less than for a DUI. If a National Marriage Database were in place, this would not be a problem. I urge you to sign the petition urging Congress to institute such a database.
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.
(Acts 1977, No. 607, p.
812, §7001.)
AS 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
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.
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.
History. Acts 1975, No.
280, § 2402; A.S.A. 1947, § 41-2402.
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
Bigamy 18.6.201
(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.
Source: L. 71: R&RE, p. 447, § 1. C.R.S. 1963: §
40-6-201. L. 89: (2) amended, p. 839, § 76, effective July 1.
Cross
references: For the "Uniform Marriage Act", see article 2 of title
14; for the "Uniform Dissolution of Marriage Act", see article 10 of
title 14.
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.
Source: L. 71: R&RE, p. 448, § 1. C.R.S. 1963: §
40-6-202.
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.
(1969, P.A. 828, S. 192; 1971, P.A. 871, S. 47; P.A.
92-260, S. 73.)
History: 1971 act substituted "A person"
for "Any person" for conformity with other statutes; P.A. 92-260 made
technical changes.
Annotations to former section 53-221:
Former statute cited. 129 C. 572. Cited. 142 C. 178.
Cited. 22 CS 180. Omission, since 1875, of language
declaring bigamous marriage to be null and void at most merely left validity of
such marriages to be determined by general principles of common law. 26 CS 259.
Chapter 5; Subchapter IV. Offenses
Relating to Marriage
§ 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. (11 Del.C.
1953, § 1001; 58;Del.Laws, c. 497, § 1; 67;
§ 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. (11
Del.C. 1953, § 1002; 58;
§ 1003. Bigamous marriage contracted
outside the State.
Whoever, being a resident of
District of Columbia
DIVISION IV. CRIMINAL LAW AND PROCEDURE AND PRISONERS.
TITLE 22. CRIMINAL OFFENSES AND PENALTIES.
SUBTITLE I. CRIMINAL OFFENSES. Chapter 5. Bigamy
§ 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.
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.
History.--s. 4, sub-ch. 8, ch. 1637, 1868;
RS 2603; GS 3526; RGS 5416; CGL 7559; s. 775, ch. 71-136; s. 44, ch. 74-383; s.
30, ch. 75-298.
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.
History.--s. 5, sub-ch. 8, ch. 1637, 1868;
RS 2604; s. 1, ch. 4963, 1901; GS 3527; RGS 5417; CGL 7560; s. 1, ch. 73-300;
s. 45, ch. 74-383; s. 1280, ch. 97-102.
Note.--Former s. 799.02.
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.
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.
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.
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