The Texas Penal Code criminalizes bigamy, which is the crime of marrying a spouse while still married to a different spouse. It happens when a person is unhappy in his or her marriage and falls in love with someone outside of marriage. The second lover wants to continue the relationship, but only if the parties get married. If that occurs, the individual who was married committs bigamy, generally a misdemeanor.
Note that it is rare for a prosecutor to charge someone with bigamy. Nonetheless, it is serious and you need to do something about it. If you are accused of bigamy, you are facing possible jail time. You need a lawyer who both understands the criminal law and its implications and has the skill to advocate on your behalf.
The Texas Penal Code
TheTexas Penal Code bans bigamy. Specifically, the Code states that: “An individual commits an offense if:
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He is legally married and he:
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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
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Lives with a person other than his spouse in this state under the appearance of being married; or
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He knows that a married person other than his spouse is married and he:
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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
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Lives with that person in this state under the appearance of being married.”
Defenses
The following are possible defenses to a bigamy accusation:
Spouse is deceased. If you are accused of bigamy and reasonably believe that your spouse is deceased, then you are not guilty of bigamy. This belief must be reasonable. If your spouse was in a hurricane zone during a category 5 hurricane and you have not heard from him or her in a number of months and you find out that he or she is alive after your “second” marriage, then you probably have a usable defense.
Disappearance. If your spouse ran away and you have not seen or heard from him or her in three years, then you have a valid defense. This is considered that your spouse disappeared and the marriage can be dissolved. Therefore, even though you never divorced your first spouse, you have not committed a crime by marrying the second spouse.
Judgment of Divorce invalid. Suppose that you went to court for a divorce and completed the divorce process. The judge presiding over your case signed off on a judgment of divorce. As such, you have no reason to believe that you are still married to your spouse. Now you find a second spouse. It turns out that your first divorce was nullified based on a technicality. Even though you just married a second person while still married to the first person, you would have a valid defense against a bigamy charge.
Accused of a crime? Contact the criminal defense firm of Christopher Abel.
(image courtesy of Soroush Karimi)