O.C.G.A.

O.C.G.A. § 16-6-21 (2019)

Marrying a bigamist

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) An unmarried man or woman commits the offense of marrying a bigamist when he marries a person whom he knows to be the wife or husband of another.

(b) It shall be an affirmative defense that the prior spouse of the bigamist has been continually absent for a period of seven years, during which time the accused did not know the prior spouse of the bigamist to be alive, or that the accused reasonably believed the bigamist was eligible to remarry.

(c) A person convicted of the offense of marrying a bigamist shall be punished by imprisonment for not less than one nor more than ten years.

History

Laws 1833, Cobb’s 1851 Digest, p. 814; Code 1863, § 4417; Code 1868, § 4458; Code 1873, § 4532; Code 1882, § 4532; Penal Code 1895, § 379; Penal Code 1910, § 370; Code 1933,

§ 26-5604; Code 1933, § 26-2008, enacted by Ga. L. 1968, p. 1249, § 1.

Annotations

Cross references. - Marriage generally, T. 19, C. 3.

RESEARCH REFERENCES Am. Jur. 2d. - 11 Am. Jur. 2d, Bigamy, § 4. C.J.S. - 10 C.J.S., Bigamy, § 2. ALR. - Mistaken belief in existence,

validity, or effect of divorce or separation as defense to prosecution for bigamy or allied offense, 56 A.L.R.2d 915.

Notes of Decisions

Cited in 1 case, 2015–2015 · leading case: Paschal v. the State, 780 S.E.2d 681 (Ga. Ct. App. 2015).

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Paschal v. the State, 780 S.E.2d 681 (Ga. Ct. App. 2015). · cites it 2× “Following a jury trial, Edward Paschal was convicted of armed robbery (OCGA § 16-8-41 (a)), two counts of aggravated assault (OCGA § 16-6-21 (a) (2) (2009)), burglary (OCGA § 16-7-1 (a) (2009)), two counts of false imprisonment (OCGA § 16-5-41 (a)) and two firearms offenses…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.