Bigamy

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  1. (a) A person commits bigamy if, being married, he or she purports to marry another person.

  2. (b) It is an affirmative defense to a prosecution under this section that at the time of the alleged offense the actor:

    1. (1) Reasonably believed that the prior spouse was dead;

    2. (2) Had lived apart from the prior spouse for five (5) consecutive years throughout which time the prior spouse was not known to the actor to be alive;

    3. (3) Reasonably believed that a court had ordered a valid termination or annulment of the prior marriage; or

    4. (4) Otherwise reasonably believed that the actor was legally eligible to marry.

  3. (c) Bigamy is a Class A misdemeanor.


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