Florida Statutes

Fla. Stat. § 826.01 (2025)

Bigamy; punishment.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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826.01 Bigamy; punishment.—Whoever, having a husband or wife living, marries another person shall, except in the cases mentioned in s. 826.02, be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.—s. 4, sub-ch. 8, ch. 1637, 1868; RS 2603; GS 3526; RGS 5416; CGL 7559; s. 775, ch. 71-136; s. 44, ch. 74-383; s. 30, ch. 75-298.

Note.—Former s. 799.01.

Arrestable Offenses under F.S. 826.01

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§826.01BIGAMYBIGAMY MARRY ANOTHER WHILE MARRIEDF · 3rd

Notes of Decisions

Cited in 6 cases, 2007–2018 · leading case: Estes v. State, 546 S.W.3d 691 (Tex. Crim. App. 2018).

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Estes v. State, 546 S.W.3d 691 (Tex. Crim. App. 2018). “Penal Code § 281 (2017) ; Fla. Stat. § 826.01 (2017) ; Mo. Rev. Stat § 568.”

T.M.H. v. D.M.T., 79 So. 3d 787 (Fla. 5th DCA 2011). · cites it 2× “To use a prior analogy, this would be akin to analyzing a polygamist’s attack on section 826.01, Florida Statutes (making it a felony to marry another person when already married) as violating the recognized fundamental right to marry.”

Gaitan v. Comm'r, 2012 T.C. Memo. 3 (Tax Ct. 2012). “A marriage entered into by a person who has a living spouse is void ab initio.”

State v. Leon, 967 So. 2d 437 (Fla. 4th DCA 2007). · cites it 2× “The State charged the defendant, Jorge Jesus Leon, with bigamy in violation of section 826.01, Florida Statutes. Although another assistant state attorney was in attendance, when the filing attorney for the State failed to appear as ordered by the trial court, the trial court…”

Tmh v. Dmt, 79 So. 3d 787 (Fla. 5th DCA 2011). · cites it 2× “To use a prior analogy, this would be akin to analyzing a polygamist's attack on section 826.01, Florida Statutes (making it a felony to marry another person when already married) as violating the recognized fundamental right to marry.”

Lipton, 2007 T.C. Summary Opinion 36 (1970). · cites it 2× “Khalil Aly was, in fact, married at the time that a marriage ceremony was conducted in Florida, assuming that such a ceremony actually occurred.”

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