(a) A person commits bigamy when he intentionally contracts or purports to contract a marriage with another person when he has a living spouse. A person who contracts a marriage outside this state, which would be bigamous if contracted in this state, commits bigamy by cohabiting in the state with the other party to such a marriage.
(b) A person does not commit an offense under this section if:
(1) He reasonably believes that his previous marriage is void or was dissolved by death, divorce or annulment; or
(2) He and the prior spouse have been living apart for five consecutive years next prior to the subsequent marriage, during which time the prior spouse was not known by him to be alive.
(3) The burden of injecting the issues under this subsection is on the defendant, but this does not shift the burden of proof.
(c) Bigamy is a Class C felony.
(Acts 1977, No. 607, p. 812, §7001.)
Notes of Decisions
Cited in
8
cases (
1 in the last 5 years), 1991–2026 · leading case:
State v. Green, 2004 UT 76 (Utah 2004).
State v. Green, 2004 UT 76 (Utah 2004).
· cites it 2× “, Ala.Code § 13A-13-1 (2003); Cal.Penal Code § 281 (Deering 2003); Colo.”
Estes v. State, 546 S.W.3d 691 (Tex. Crim. App. 2018).
“§ 2C:24-1 (1978) ; Ala. Code § 13A-13-1 (1977) ; Neb. Rev. Stat.”
Ex Parte Coker, 575 So. 2d 43 (Ala. 1991).
“Offenses Against the Family, §§ 13A-13-1 through 13A-13-7. 14. Miscellaneous Offenses, §§ 13A-14-1 through 13A-14-5.”
Key v. State, 890 So. 2d 1043 (Ala. Crim. App. 2002).
“Because Alabama does not permit polygamous marriage, see § 13A-13-1, Ala.Code 1975, and because the appellant was validly married to someone else at the time he married the witness, his argument must fail for lack of merit.”
G.G. v. R.S.G., 668 So. 2d 828 (Ala. Civ. App. 1995).
· cites it 2× “…Ala.Code 1975, §§ 30-1^4 through -18, for' regulations relating to age, relationship, and license requirements; see Ala.Code 1975, § 13A-13-1, which prohibits bigamy; § 13A-13-2, which prohibits adultery; and § 13A-13-3, which prohibits incest). The constitution requires…”
Gg v. Rsg, 668 So. 2d 828 (Ala. Civ. App. 1995).
· cites it 2× “…Ala.Code 1975, §§ 30-1-4 through -18, for regulations relating to age, relationship, and license requirements; see Ala.Code 1975, § 13A-13-1, which prohibits bigamy; § 13A-13-2, which prohibits adultery; and § 13A-13-3, which prohibits incest). The constitution requires…”
State v. Fulghum, 699 So. 2d 980 (Ala. Crim. App. 1997).
· cites it 3× “The grounds set forth by the trial court for the dismissal are as follows: “The statute of limitations § 15-3-1 bars the prosecution of Defendant for the offense of bigamy, § 13A-13-1, Code of Alabama 1975.” Section 13A-13-1(a), Code of Alabama 1975, provides: “A person commits…”
A.A. v. C.H. & J.H. (Ala. Civ. App. 2026).
“Code 1975, § 13A-13-1 ("A person commits bigamy when he intentionally contracts or purports to contract a marriage with another person when he has a living spouse.”
— Ala. Code § 13A-13-1(a) — 1 case
State v. Fulghum, 699 So. 2d 980 (Ala. Crim. App. 1997).
“The grounds set forth by the trial court for the dismissal are as follows: “The statute of limitations § 15-3-1 bars the prosecution of Defendant for the offense of bigamy, § 13A-13-1, Code of Alabama 1975.” Section 13A-13-1(a), Code of Alabama 1975, provides: “A person commits…”
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