Ark. Code Ann. § 5-26-201 (2026)
Bigamy
- A person commits bigamy if, being married, he or she purports to marry another person.
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It is an affirmative defense to a prosecution under this section that at the time of the alleged offense the actor:
- Reasonably believed that the prior spouse was dead;
- 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;
- Reasonably believed that a court had ordered a valid termination or annulment of the prior marriage; or
- Otherwise reasonably believed that the actor was legally eligible to marry.
- Bigamy is a Class A misdemeanor.
History. Acts 1975, No. 280, § 2402; A.S.A. 1947, § 41-2402.
Research References
Am. Jur. 11 Am. Jur. 2d, Bigamy, § 1 et seq.
C.J.S. 10 C.J.S., Bigamy, § 1 et seq.
Case Notes
Completion of Offense.
It was the marrying by a person who had a husband or wife living that constituted the offense of bigamy, and the offense was complete upon the second marriage. Scoggins v. State, 32 Ark. 205 (1877) (decision under prior law).
Defenses.
Evidence that the first marriage was within the age of legal consent was no defense, unless it could also be shown that it was annulled by a court of competent jurisdiction. Walls v. State, 32 Ark. 565 (1877) (decision under prior law).
Evidence.
A decree divorcing the accused rendered after the alleged bigamous marriage was prima facie evidence that his wife was living at the time of such marriage. State v. Ashley, 37 Ark. 403 (1881) (decision under prior law).
Testimony of the minister who performed the second marriage that he was duly authorized to perform the same and that he did so was competent although he did not sign the certificate of marriage. Tanner v. State, 116 Ark. 452, 173 S.W. 200 (1915) (decision under prior law).
Evidence of existence of legal marriage at time of second marriage held sufficient. Filtingberger v. State, 216 Ark. 754, 227 S.W.2d 443 (1950) (decision under prior law).
Indictment.
Indictment held sufficient. Johnson v. State, 60 Ark. 308, 30 S.W. 31 (1895) (decision under prior law).
Proof.
The second marriage constituted the corpus delicti, and had to be proved. McNeill v. State, 117 Ark. 8, 173 S.W. 826 (1915) (decision under prior law).
Statute of Limitations.
The offense of bigamy was barred by the lapse of statutory period from the date of the bigamous marriage. Scoggins v. State, 32 Ark. 205 (1877) (decision under prior law).
Venue.
An indictment for bigamy had to be found in the county in which the bigamous marriage occurred. Walls v. State, 32 Ark. 565 (1877) (decision under prior law).
Void Marriage.
If a person married another, and afterward, while the first spouse was alive, married a third person, and afterward, when the first spouse was dead or divorced, married a fourth person, while the third was living, this last marriage was not bigamous, the second being absolutely void. Halbrook v. State, 34 Ark. 511 (1879) (decision under prior law).