Bigamy involves marrying someone while already being legally married to another person. In California, it is a crime under Penal Code 281 PC. Essentially, the law prohibits marrying a new partner while still married to another.
Legally, bigamy means entering into a marriage with someone when you still have an active marriage with another person.
Importantly, your marital status does not matter whether you are separated from your spouse or have tried to divorce them. Additionally, your current spouse's approval of marrying someone else or the location of your first marriage, whether in another state or country, is irrelevant.
PC 281 says, "(a) Every person having a spouse living, who marries or enters into a registered domestic partnership with 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 or registered domestic partnerships by the register, certificate, or other record evidence thereof, but the marriages or registered domestic partnerships may be proved by evidence which is admissible to prove marriage or registered domestic partnership in other cases; and when the second marriage or registered domestic partnership 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."
If you're convicted of bigamy in California, you could face up to 3 years in prison, depending on the specifics of your case. Recognizing these penalties underscores the importance of understanding and complying with the law.
Key Takeaways
- A lawful marriage is considered valid if it meets the legal requirements of the jurisdiction where it occurred, which helps readers grasp what evidence proves marriage validity regardless of location.
- Prosecutors are not required to show a registration or certificate to establish bigamy. Under PC 281, they can demonstrate a prior marriage using alternative credible evidence, such as testimony from the former spouse, a statement from the officiant at the wedding, or evidence that the spouses cohabited in California, even if their marriage took place in another state.
- The related crimes for Penal Code 281 PC bigamy include Penal Code 284 PC, which involves marrying the wife or husband of another person, and Penal Code 285, which covers incest.
Explanation of CA Bigamy Law
Under California law, bigamy includes both marriages and domestic partnerships. Therefore, if someone knowingly enters into a marriage or domestic partnership while still legally married or in a registered domestic partnership with another person, they commit bigamy.
To be convicted of bigamy, a person must be aware of their current marital or domestic partnership status. To convict someone under Penal Code 281, the prosecution needs to demonstrate the following elements beyond a reasonable doubt:
- You were legally married to someone else
- You knew that you were still married
- You intentionally married or registered a domestic partnership with another person while still legally married to your first spouse
- The first spouse was alive at that time
What Are Exceptions to the Law?
California law sometimes exempts individuals from bigamy prosecution. You cannot be convicted of this crime if:
- Your previous marriage was annulled, voided, or officially declared invalid by a competent court.
- You genuinely and reasonably believed that your first marriage was dissolved—that is, the circumstances were such that a reasonable person would also believe it; or
- Your first spouse has been missing for five years or longer, with no explicit knowledge of whether that person is still alive.
What Are the Penalties Under PC 281?
In California, bigamy is classified as a "wobbler," meaning it can be prosecuted as either a misdemeanor or a felony. The decision depends on the details of the case and the defendant's criminal record.
If convicted of misdemeanor bigamy, you could face the following penalties:
- Up to one year in county jail, and
- A fine of up to $1,000 may be imposed.
If convicted of felony bigamy, the penalties could include the following:
- 16 months, two years, or three years in state prison; and
- A fine of up to $10,000.
In cases of both misdemeanor and felony bigamy convictions, the judge might choose to sentence to probation instead of jail or prison.
What Are the Available Defenses?
If you're facing charges of bigamy under PC 281, a knowledgeable California criminal defense lawyer can employ various valid defenses to contest the charge. Below are some of the most frequently used defenses.
Maybe you qualify for an exception if you can demonstrate that your first marriage ended, that you genuinely believed it was over, or that you had no knowledge of your previous spouse's location over the past five years. In such cases, the charge may be dismissed.
You could argue that your first marriage was invalid. If you can prove it didn't meet the legal requirements for a valid marriage in its jurisdiction, you would not be guilty under PC 281.
One could argue that you reasonably believed your first spouse had passed away. To use this defense, you must show that you genuinely thought your spouse was no longer alive and that you acted in good faith when starting a new marriage or domestic partnership. Contact Cron, Israels & Stark for a case evaluation.
