Current through the 2020 Sixth Special Session
Section 76-7-101 - Bigamy - Penalty - Defense(1) An individual is guilty of bigamy if: (a) the individual purports to marry another individual; and(b) knows or reasonably should know that one or both of the individuals described in Subsection (1)(a) are legally married to another individual.(2) An individual who violates Subsection (1) is guilty of an infraction.(3) An individual is guilty of a third degree felony if the individual induces bigamy: (a) under fraudulent or false pretenses; or(b) by threat or coercion.(4) An individual is guilty of a second degree felony if the individual:(a) cohabitates with another individual with whom the individual is engaged in bigamy as described in Subsection (1); and(b) in furtherance of the conduct described in Subsection (4)(a), commits a felony offense, or for Subsection (4)(b)(vii), a misdemeanor offense, in violation of one or more of the following: (i) Chapter 5, Part 2, Criminal Homicide;(ii) Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling;(iii) Chapter 5, Part 4, Sexual Offenses;(iv) Section 76-5-109, child abuse -- child abandonment;(v) Section 76-5-111, abuse, neglect, or exploitation of a vulnerable adult;(vi) Section 76-5-209, child abuse homicide;(vii) Section 76-9-702.1, sexual battery;(viii) Section 76-7-201, criminal nonsupport; or(ix) Title 77, Chapter 36, Cohabitatant Abuse Procedures Act.(5) It is a defense to prosecution under Subsection (2) that: (a) the individual ceased the practice of bigamy as described in Subsection (1) under reasonable fear of coercion or bodily harm;(b) the individual entered the practice of bigamy, as described in Subsection (1), as a minor and ceased the practice of bigamy at any time after the individual entered the practice of bigamy; or(c) law enforcement discovers that the individual practices bigamy, as described in Subsection (1), as a result of the individual's efforts to protect the safety and welfare of another individual.Amended by Chapter 260, 2020 General Session ,§ 1, eff. 5/12/2020.Amended by Chapter 442, 2017 General Session ,§ 1, eff. 5/9/2017.Amended by Chapter 296, 1997 General Session.