Bigamy consists of knowingly entering into a marriage by or with a person who has previously contracted one or more marriages which have not been dissolved by death, divorce or annulment. Both parties may be principals.
Whoever commits bigamy is guilty of a fourth degree felony.
History: 1953 Comp., § 40A-10-1, enacted by Laws 1963, ch. 303, § 10-1.
ANNOTATIONSElements. — Knowledge is an element of the crime of bigamy. Evidence of defendant's legal knowledge is admissible to rebut a defense that defendant did not know he was not divorced when he remarried. State v. Ashley, 1997-NMSC-049, 124 N.M. 1, 946 P.2d 205.
Cohabitation without marriage contrary to public policy. — Prior to its repeal, 30-10-2 NMSA 1978 declared cohabitation a criminal offense. In re Estate of Bivians, 1982-NMCA-132, 98 N.M. 722, 652 P.2d 744, cert. quashed, 98 N.M. 762, 652 P.2d 1213 (decided under prior law).
Meaning clear. — The meaning of "bigamy" as used in Code 1915, § 1775 was universally understood, and no language could have been employed which would have made clearer the intention of the legislature. State v. Lindsey, 1921-NMSC-004, 26 N.M. 526, 194 P. 877 (decided under prior law).
Indictment. — It was not necessary to allege knowledge or intention in an indictment for bigamy. State v. Lindsey, 1921-NMSC-004, 26 N.M. 526, 194 P. 877 (decided under prior law).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 10 Am. Jur. 2d Bigamy §§ 1 to 5.
Common-law marriage, prosecution based on, 70 A.L.R. 1036.
Validation of marriage by death of former spouse, 95 A.L.R. 1292.
Mistake as to validity or effect of divorce as defense to, 56 A.L.R.2d 915.
Crimes against spouse within exception permitting testimony by one spouse against other in criminal prosecution - modern state cases, 74 A.L.R.4th 223.
10 C.J.S. Bigamy § 2 et seq.