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Florida Statute 826 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
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F.S. 826 Case Law from Google Scholar Google Search for Amendments to 826

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLVI
CRIMES
Chapter 826
BIGAMY; INCEST
View Entire Chapter
CHAPTER 826
CHAPTER 826
BIGAMY; INCEST
826.01 Bigamy; punishment.
826.02 Exceptions.
826.03 Knowingly marrying husband or wife of another.
826.04 Incest.
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.
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.
826.03 Knowingly marrying husband or wife of another.Whoever knowingly marries the husband or wife of another person, knowing him or her to be the spouse of another person, shall 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. 39, Feb. 10, 1832; RS 2605; GS 3528; RGS 5418; CGL 7561; s. 776, ch. 71-136; s. 46, ch. 74-383; s. 30, ch. 75-298.
Note.Former s. 799.03.
826.04 Incest.Whoever knowingly marries or has sexual intercourse with a person to whom he or she is related by lineal consanguinity, or a brother, sister, uncle, aunt, nephew, or niece, commits incest, which constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. “Sexual intercourse” is the penetration of the female sex organ by the male sex organ, however slight; emission of semen is not required.
History.s. 47, ch. 74-383; s. 30, ch. 75-298; s. 1281, ch. 97-102.

F.S. 826 on Google Scholar

F.S. 826 on Casetext

Amendments to 826


Arrestable Offenses / Crimes under Fla. Stat. 826
Level: Degree
Misdemeanor/Felony: First/Second/Third

S826.01 - BIGAMY - BIGAMY MARRY ANOTHER WHILE MARRIED - F: T
S826.03 - BIGAMY - MARRY SPOUSE OF ANOTHER - F: T
S826.04 - SEX OFFENSE - INCEST - F: T



Annotations, Discussions, Cases:

Cases Citing Statute 826

Total Results: 20

Gary Steinberg v. Fiesta Homeowners Association, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2025-03-05

Snippet: based on that ground. See Moakley v. Smallwood, 826 So. 2d 221, 227 (Fla. 2002) (“[T[he trial court’s

Mgm of West Florida, LLC v. Manatee County, Florida

Court: District Court of Appeal of Florida | Date Filed: 2025-03-05

Snippet: & Motor Vehicles v. Chakrin, 304 So. 3d 822, 826 (Fla. 2d DCA 2020) ("A circuit court departs

Williams v. Florida Department of Corrections

Court: District Court of Appeal of Florida | Date Filed: 2025-02-26

Snippet: the grievance process. See Jackson v. Parkhouse, 826 So. 2d 478, 479 (Fla. 1st DCA 2002) (stating that

Lakasia Portee-Jones v. Ruby Portee

Court: District Court of Appeal of Florida | Date Filed: 2025-02-26

Snippet: criminal defendants.” Id. (quoting Bagwell, 512 U.S. at 826). These protections not only include the full panoply

Thomas Reed v. Cheryl A. Reed

Court: District Court of Appeal of Florida | Date Filed: 2025-02-19

Snippet: contributing), and from May 2000 onward. She estimated that $826,215 was contributed from joint earnings from purchase

JVA Engineering Contractor, Inc. v. Doral 10, LLC

Court: District Court of Appeal of Florida | Date Filed: 2025-02-12

Snippet: 2024); Grove Isle Ass’n v. Lindzon, 350 So. 3d 826, 832 (Fla. 3d DCA 2022). We review a trial court’s

Drew A. Washington v. Philip K. Garza III

Court: District Court of Appeal of Florida | Date Filed: 2025-02-12

Snippet: clarification.”); Sanchez v. Cinque, 238 So. 3d 817, 826 (Fla. 4th DCA 2018) (“A proposal for settlement

BAXTER, ESTATE OF BRIAN BAXTER v. MORELLI, VENEZIA TRANSPORT SERVICES, INC.

Court: District Court of Appeal of Florida | Date Filed: 2025-02-12

Snippet: original) (quoting Clampitt v. Wick, 320 So. 3d 826, 833 (Fla. 2d DCA 2021)). "Under Florida

Samuel A. Osborne v. Walton County, Florida, a Political Subdivision of the State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2025-02-12

Snippet: considered several versions of the ordinance.” Id. at 826. And the Court found that “[b]etween the first published

Loring E. Justice v. Linn Marie Guerrero-Justice

Court: District Court of Appeal of Florida | Date Filed: 2025-02-05

Snippet: 3D24-1248 Lower Tribunal No. 23-DR-826-K ________________

Alachua Today, Inc. v. DW Ashton Catery, Inc., Combs

Court: District Court of Appeal of Florida | Date Filed: 2025-02-05

Snippet: 2004) (quoting Bd. of Regents of State v. Snyder, 826 So, 2d 382, 387 (Fla. 2d DCA 2002)). And a departure

Abercrombie v. Nenneman

Court: District Court of Appeal of Florida | Date Filed: 2025-01-22

Snippet: reasonable person. See Paylan v. Statton, 376 So. 3d 822, 826–28 (Fla. 2d DCA 2 Ms. Abercrombie denied

Wayne C. Doty v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2025-01-16

Snippet: 2013)); see also, e.g., Calhoun v. State, 312 So. 3d 826, 852 (Fla. 2019) (holding that Giglio claim was

Michael Crist v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2025-01-10

Snippet: 5th DCA 2011) (citing first DuFresne v. State, 826 So. 2d 272, 274 (Fla. 2002), and then Adhin v. First

Five Fran, LLC v. Roy Davis

Court: District Court of Appeal of Florida | Date Filed: 2025-01-08

Snippet: (citing Grove Isle Ass’n, Inc. v. Lindzon, 350 So. 3d 826, 830 (Fla. 3d DCA 2022)). ANALYSIS This

Yury Malakhov v. the State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2025-01-02

Snippet: (citations omitted)); State v. Meador, 674 So. 2d 826, 831 (Fla. 4th DCA 1996) (“In general, lay witnesses

Palm Bay Towers Condominium Association, Inc. v. Thomas Marrazza

Court: District Court of Appeal of Florida | Date Filed: 2025-01-02

Snippet: (citing Grove Isle Ass’n, Inc. v. Lindzon, 350 So. 3d 826, 830 (Fla. 3d DCA 2022)). “In doing so, this court

Clark, Jr. v. Clark, Sr., Department of Treasury - Internal Revenue Service

Court: District Court of Appeal of Florida | Date Filed: 2024-12-06

Snippet: Kelsey v. SunTrust Mortg., Inc., 131 So. 3d 825, 826 (Fla. 3d DCA 2014)). Generally, a lender establishes

State of Florida v. Logan Ryan Riggleman

Court: District Court of Appeal of Florida | Date Filed: 2024-11-22

Snippet: So. 2d at 1197; and then citing State v. Gates, 826 So. 2d 1064, 1066 (Fla. 2d DCA 2002)).

Thomas Van Lent v. the Everglades Foundation, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2024-10-30

Snippet: of reaching any constitutional issues.”); id. at 826 (Powell, J., concurring in part and dissenting in