The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES

Chapter 826
BIGAMY; INCEST

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F.S. 826.02

826.02 Exceptions.—The provisions of s. 826.01 shall not extend to any person:

(1) Who reasonably believes that the prior spouse is dead.

(2) Whose prior spouse has voluntarily deserted him or her and remained absent for the space of 3 years continuously, the party marrying again not knowing the other to be living within that time.

(3) Whose bonds of matrimony have been dissolved.

(4) Who violates its provisions because a domestic or foreign court has entered an invalid judgment purporting to terminate or annul the prior marriage and the defendant does not know that judgment to be invalid.

(5) Who reasonably believes that he or she is legally eligible to remarry.

History.—s. 5, sub-ch. 8, ch. 1637, 1868; RS 2604; s. 1, ch. 4963, 1901; GS 3527; RGS 5417; CGL 7560; s. 1, ch. 73-300; s. 45, ch. 74-383; s. 1280, ch. 97-102.

Note.—Former s. 799.02.

F.S. 826.02 on Google Scholar

F.S. 826.02 on Casetext

Amendments to 826.02

Arrestable Offenses / Crimes under Fla. Stat. 826.02

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 826.02.

Annotations, Discussions, Cases:

Cases from cite.case.law:

DEL VALLE, v. STATE, 80 So. 3d 999 (Fla. 2011)

. . . .”); § 826.02, Fla. Stat. (2011) (providing statutory affirmative defenses to the crime of bigamy). . . .

TORO, v. STATE, 712 So. 2d 423 (Fla. Dist. Ct. App. 1998)

. . . bigamy with Cherice because he came within the exceptions to the bigamy statute, particularly section .826.02 . . . relevant to a material issue in the case, i.e., whether appellant came within the exception of section 826.02 . . .

S. RUBIN, v. STATE, 490 So. 2d 1001 (Fla. Dist. Ct. App. 1986)

. . . rule that good faith reliance on court order is complete defense to illegal wiretap prosecution); § 826.02 . . .