Florida Statute 826 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 826
BIGAMY; INCEST

View Entire Chapter

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

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

John Willie Robbins, Jr. v. the Bank of New York Mellon, Etc.

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

Snippet: Affirmed. See, e.g., Loftis v. Loftis, 208 So. 3d 824, 826 (Fla. 5th DCA 2017) (“The trial court has broad

Evans, Evans v. Gulf Landings Association, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2024-10-25

Snippet: Assocs. v. Mota Pizza Rustica Corp., 358 So. 3d 823, 826 (Fla. 3d DCA 2023) ("Whether the law of the

McLane Foodservice, Inc. v. Elizabeth Wool

Court: District Court of Appeal of Florida | Date Filed: 2024-10-16

Snippet: Grove Isle Ass’n, Inc. v. Lindzon, 350 So. 3d 826, 829 (Fla. 3d DCA 2022). This isn’t the time

Buysmart Insurance Inc. v. Carlos Chirinos

Court: District Court of Appeal of Florida | Date Filed: 2024-10-02

Snippet: (quoting Truist Bank v. De Posada, 307 So. 3d 824, 826 (Fla. 3d DCA 2020)). Upon our review, we find

Tyler Forrey, Danielle Forrey, Miles Garner, Roof Rx LLC, Island Life Charter Company v. Marlin Construction Group, LLC

Court: District Court of Appeal of Florida | Date Filed: 2024-09-30

Snippet: bad faith conduct . . . .” Moakley v. Smallwood, 826 So. 2d 221, 227 (Fla. 2002). In its Entitlement

Tyrone T. Johnson v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2024-09-19

Snippet: of Dep’t of Bus. Regul. of State, 276 So. 2d 823, 826 (Fla. 1973). -

Peter Sciallo v. the State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-09-18

Snippet: 4 In one such case, Miles v. State, 826 So. 2d 492, 493 (Fla. 3d DCA 2002), the defendant

Scott McDermott v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-09-13

Snippet: specific testimony. See State v. Barrow, 91 So. 3d 826, 835 (Fla. 2012). In Barrow, ten minutes into

John W. Schmitz v. Dorothy Joan Schmitz

Court: District Court of Appeal of Florida | Date Filed: 2024-09-11

Snippet: restrained use and due process.” Moakley v. Smallwood, 826 So. 2d 221, 227 (Fla. 2002). Accordingly, the trial

Brian A. Oltchick and the Law Firm of Garrison, Yount, Forte & Mulcahy, LLC v. Terry Parenti and J. Mica Parenti

Court: District Court of Appeal of Florida | Date Filed: 2024-08-16

Snippet: fell within the inherent authority of the court. 826 So. 2d 221, 226 (Fla. 2002). The court went on to

Richard W. Higgins v. Citrus Hills Property Owners Association, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2024-08-02

Snippet: Kennel Club v. Bd. of Bus. Reg., 276 So. 2d 823, 826 (Fla. 1973) (explaining that a statement in a district

LOUMPOS v. RAYMOND JAMES & ASSOCIATES, INC., BANK ONE

Court: District Court of Appeal of Florida | Date Filed: 2024-08-02

Snippet: not satisfied. See Clampitt v. Wick, 320 So. 3d 826, 831-32 (Fla. 2d DCA 2021) (quoting Jeffrey A. Baskies

Michael Shawn MacMullin v. Michael Findlay

Court: District Court of Appeal of Florida | Date Filed: 2024-07-31

Snippet: 3d DCA 2015); Sanchez v. Cinque, 238 So. 3d 817, 826 (Fla. 4th DCA 2018) (holding that a typographical

ENGLEWOOD COMMUNITY HOSPITAL, INC., SARASOTA DOCTORS HOSPITAL, INC. v. SARASOTA COUNTY, VENICE HMA, LLC

Court: District Court of Appeal of Florida | Date Filed: 2024-07-31

Snippet: P'ship v. Mota Pizza Rustica Corp., 358 So. 3d 823, 826 (Fla. 3d DCA 2023) ("Whether the law of the

VENICE HMA, LLC, D/B/A VENICE REGIONAL MEDICAL CENTER v. SARASOTA DOCTORS HOSPITAL, INC., ENGLEWOOD COMMUNITY HOSPITAL, INC.

Court: District Court of Appeal of Florida | Date Filed: 2024-07-31

Snippet: P'ship v. Mota Pizza Rustica Corp., 358 So. 3d 823, 826 (Fla. 3d DCA 2023) ("Whether the law of the

Wayne's Aggregate and Materials, LLC v. Jill Renee Lopez, As Personal Representative of the Estate of Roy Wayne Yates, Jeffrey Wells, Bryan Crain, Colby Clark, Ronald Davis and Michael Wolfington

Court: District Court of Appeal of Florida | Date Filed: 2024-07-19

Snippet: injunction,” and cites our decision in Yardley v. Albu, 826 So. 2d 467, 470 (Fla. 5th DCA 2002), which squarely

Tyrone T. Johnson v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2024-07-11

Snippet: of Dep’t of Bus. Regul. of State, 276 So. 2d 823, 826 (Fla. 1973). -