Is Bigamy a Felony?
Bigamy, the act of marrying one person while already being married to another, is a serious offense in many countries. But is it a felony? The answer is not a simple yes or no, as the laws surrounding bigamy vary significantly from one jurisdiction to another.
What is Bigamy?
Before we dive into the legal aspects of bigamy, let’s define what it is. Bigamy is the act of entering into a marriage with another person while still being married to someone else. This can include:
- Marrying someone else while still being married to a spouse who is still alive
- Marrying someone else while still being married to a spouse who is deceased, but the previous marriage has not been formally dissolved
- Marrying someone else while still being married to a spouse who is missing or presumed dead
Is Bigamy a Felony?
In the United States, bigamy is considered a felony in most states. According to the Federal Bigamy Statute, 18 U.S.C. § 522, it is illegal for a person to enter into a marriage with another person while still being married to someone else. The statute provides for a maximum penalty of five years in prison and a fine.
State-by-State Breakdown
However, the laws surrounding bigamy vary significantly from one state to another. Some states have specific laws prohibiting bigamy, while others do not. Here is a breakdown of the laws in each state:
| State | Bigamy Prohibited | Penalty |
|---|---|---|
| Alabama | Yes | Class C Felony (up to 10 years in prison) |
| Alaska | Yes | Class C Felony (up to 5 years in prison) |
| Arizona | Yes | Class 5 Felony (up to 2 years in prison) |
| Arkansas | Yes | Class D Felony (up to 6 years in prison) |
| California | No | (bigamy is not specifically criminalized) |
| Colorado | Yes | Class 5 Felony (up to 3 years in prison) |
| Connecticut | Yes | Class D Felony (up to 5 years in prison) |
| Delaware | Yes | Class G Felony (up to 2 years in prison) |
| Florida | Yes | Third-Degree Felony (up to 5 years in prison) |
| Georgia | Yes | Felony (up to 10 years in prison) |
| Hawaii | Yes | Class C Felony (up to 5 years in prison) |
| Idaho | Yes | Class C Felony (up to 5 years in prison) |
| Illinois | Yes | Class 3 Felony (up to 5 years in prison) |
| Indiana | Yes | Level 5 Felony (up to 3 years in prison) |
| Iowa | Yes | Class D Felony (up to 5 years in prison) |
| Kansas | Yes | Class 3 Felony (up to 5 years in prison) |
| Kentucky | Yes | Class D Felony (up to 5 years in prison) |
| Louisiana | Yes | Felony (up to 10 years in prison) |
| Maine | Yes | Class C Felony (up to 5 years in prison) |
| Maryland | Yes | Felony (up to 10 years in prison) |
| Massachusetts | Yes | Felony (up to 10 years in prison) |
| Michigan | Yes | Felony (up to 10 years in prison) |
| Minnesota | Yes | Felony (up to 10 years in prison) |
| Mississippi | Yes | Felony (up to 10 years in prison) |
| Missouri | Yes | Class C Felony (up to 5 years in prison) |
| Montana | Yes | Class D Felony (up to 5 years in prison) |
| Nebraska | Yes | Class III Felony (up to 5 years in prison) |
| Nevada | Yes | Class E Felony (up to 4 years in prison) |
| New Hampshire | Yes | Class B Felony (up to 7 years in prison) |
| New Jersey | Yes | Felony (up to 10 years in prison) |
| New Mexico | Yes | Felony (up to 10 years in prison) |
| New York | Yes | Felony (up to 10 years in prison) |
| North Carolina | Yes | Felony (up to 10 years in prison) |
| North Dakota | Yes | Class C Felony (up to 5 years in prison) |
| Ohio | Yes | Felony (up to 10 years in prison) |
| Oklahoma | Yes | Felony (up to 10 years in prison) |
| Oregon | Yes | Class C Felony (up to 5 years in prison) |
| Pennsylvania | Yes | Felony (up to 10 years in prison) |
| Rhode Island | Yes | Felony (up to 10 years in prison) |
| South Carolina | Yes | Felony (up to 10 years in prison) |
| South Dakota | Yes | Class 4 Felony (up to 5 years in prison) |
| Tennessee | Yes | Felony (up to 10 years in prison) |
| Texas | Yes | Felony (up to 10 years in prison) |
| Utah | Yes | Felony (up to 10 years in prison) |
| Vermont | Yes | Felony (up to 10 years in prison) |
| Virginia | Yes | Felony (up to 10 years in prison) |
| Washington | Yes | Class C Felony (up to 5 years in prison) |
| West Virginia | Yes | Felony (up to 10 years in prison) |
| Wisconsin | Yes | Felony (up to 10 years in prison) |
| Wyoming | Yes | Class C Felony (up to 5 years in prison) |
International Perspective
Bigamy is also illegal in many countries around the world. In the United Kingdom, for example, bigamy is punishable by up to 7 years in prison. In Canada, bigamy is punishable by up to 10 years in prison. In Australia, bigamy is punishable by up to 5 years in prison.
Conclusion
In conclusion, bigamy is a serious offense that is illegal in many countries around the world. While the laws surrounding bigamy vary significantly from one jurisdiction to another, it is generally considered a felony. If you are considering entering into a bigamous relationship, it is important to understand the legal consequences of your actions.
