Penal Code 281 PC | Bigamy

Penal Code 281 PC | Bigamy

Bigamy laws in California make it illegal to have more than one spouse at the same time. Specifically, Penal Code 281 PC states that “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.” This article will explain what bigamy is, what the penalties are, and potential defenses.

What is Bigamy?

Bigamy occurs when someone marries or registers a domestic partnership with a new partner while still married to their first spouse. You don’t have to live together or consummate the marriage for it to count as bigamy. Simply going through a marriage ceremony and/or filing paperwork with the state is enough.

For example, let’s say John marries Jane in 2000. In 2010, John marries Sally without divorcing Jane first. John has committed bigamy by marrying Sally while still married to Jane.

Both the person committing bigamy and the new spouse can be charged. So in our example, John and Sally could both face charges.

What Are the Penalties for Bigamy in California?

Bigamy is a felony offense in California punishable by up to 3 years in county jail or state prison. You may also face fines up to $10,000.

If convicted, you may have to surrender some assets and property to your legal spouse as part of the divorce and/or criminal proceedings.

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Bigamy can also result in your new marriage being annulled or voided. Any children from the illegal marriage may be considered illegitimate in the eyes of the law.

When is Bigamy Legal in California?

There are a few exceptions where bigamy is allowed under Penal Code 282 PC. Bigamy is legal if:

• You reasonably believed your spouse was dead
• You and your spouse have been living apart for 5 consecutive years
• Your spouse has been absent for 5 years and was not known to be alive during that time
• Your prior marriage was invalid and you believed in good faith that it was legal

These exceptions only apply if you marry the new spouse in good faith and without committing fraud.

For example, Dan marries Anne in 1990. In 2000, Anne disappears and Dan can’t find her anywhere. Believing she is dead, Dan remarries his new girlfriend Zoe in 2010. Here, Dan would likely have a valid defense to bigamy charges because he reasonably believed Anne was deceased when he married Zoe.

What Are Some Defenses to Bigamy?

If you’ve been charged with bigamy under Penal Code 281 PC, some possible defenses include:

• You lacked criminal intent – You must have willfully and knowingly entered into the illegal marriage. If you can show you didn’t realize you were committing bigamy, you can fight the charges.
• You fell under an exception – As discussed above, if you can prove one of the exceptions under 282 PC applies, you can avoid conviction.
• You made a mistake of fact – If you made an honest and reasonable mistake regarding facts that made you believe the marriage was legal, you may be able to claim mistake of fact.
• Duress – If you can show you entered into the marriage under threats of harm, you may be able to claim duress.

An experienced California criminal defense lawyer can help assess what defenses may apply in your case.

Get Help Fighting Bigamy Charges from a Lawyer

Bigamy charges can carry substantial penalties in California. But hope isn’t lost – skilled legal help can make all the difference. A knowledgeable criminal defense lawyer can guide you through the system and build the strongest case possible. Don’t go it alone against serious felony charges.

For a free consultation on your case, contact an attorney near you today.

References

Penal Code 281 PC – California Bigamy Law
Penal Code 282 PC – Exceptions to Bigamy Law
Felony Offenses in California
California Theft Crime Penalties