Cal. Codes
» Penal Code / PART 1. OF CRIMES AND PUNISHMENTS / TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS / CHAPTER 5. Bigamy, Incest, and the Crime Against Nature
(a)Every person having a spouse living, who marries or enters into a registered domestic partnership with any other person, except in the cases specified in Section 282, is guilty of bigamy.
(b)Upon a trial for bigamy, it is not necessary to prove either of the marriages or registered domestic partnerships by the register, certificate, or other record evidence thereof, but the marriages or registered domestic partnerships may be proved by evidence which is admissible to prove a marriage or registered domestic partnership in other cases; and when the second marriage or registered domestic partnership took place out of this state, proof of that fact, accompanied with proof of
cohabitation thereafter in this state, is sufficient to sustain the charge.
Notes of Decisions
Cited in
14
cases (
2 in the last 5 years), 1948–2023 · leading case:
State v. Green, 2004 UT 76 (Utah 2004).
State v. Green, 2004 UT 76 (Utah 2004).
· cites it 2× “Code § 13A-13-1 (2003); Cal.Penal Code § 281 (Deering 2003); Colo.”
Estes v. State, 546 S.W.3d 691 (Tex. Crim. App. 2018).
“Cal. Penal Code § 281 (2017) ; Fla. Stat.”
Campbell v. Campbell, 136 Cal. App. 4th 502 (Cal. Ct. App. 2006).
· cites it 2× “(§ 2201; Pen. Code, § 281.) Eric filed a motion to terminate his spousal support obligation.”
Est. of Hafner, 184 Cal. App. 3d 1371 (Cal. Ct. App. 1986).
· cites it 2× “(1); Pen. Code, § 281.) As we have noted, the trial court found that Joan and Charles were married in 1954 and that neither had taken any steps to dissolve that marriage.”
United States v. Bivins, 49 M.J. 328 (C.A.A.F. 1998).
“Silbaugh, A Guide to America’s Sex Laws *332 144-54 (1996).”
People v. Vogel, 299 P.2d 850 (Cal. 1956).
“” (Pen. Code, § 281.) “The last section does not extend— “1.”
Perez v. Sharp, 198 P.2d 17 (Cal. 1948).
“, Incest, § 1), and bigamy (Pen. Code, § 281; Civ. Code, § 61; Davis v.”
People v. Lucero, 203 Cal. App. 3d 1011 (Cal. Ct. App. 1988).
“(Pen. Code, § 281.) In People v. Vogel (1956) 46 Cal.”
Mathewson v. Mathewson, 207 Cal. App. 2d 532 (Cal. Ct. App. 1962).
“his father; that, nevertheless, immediately upon obtaining an interlocutory decree of divorce she commenced to live with the father of her expected illegitimate child and testified, in substance, that she would have continued to live with him except for the advice of her…”
In Re Marriage Cases, 183 P.3d 384 (Cal. 2008).
· cites it 2× “Code, § 285), or nonmonogamous (Pen. Code, § 281 et seq.; Fam. Code, § 2201) are not in danger.”
Marriage of Elali & Marchoud (Cal. Ct. App. 2022).
· cites it 5× “In addition to the foregoing case law, Penal Code section 281 demonstrates that in California a bigamous marriage is against public policy and therefore application of section 2201(a) to such a bigamous marriage is proper even if the bigamous foreign marriage is valid under the…”
People v. Dunn, 201 Cal. App. 2d 269 (Cal. Ct. App. 1962).
“The information charges appellant with bigamy (Pen. Code, § 281) in that he married Dorothy E.”
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