Iowa Code

Iowa Code § 726.1 (2026)

Bigamy

✓ current as of July 2026

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1. a. Any person, having a living husband or wife, who marries another, commits bigamy.

b. Any person who marries another who the person knows has another living husband or wife commits bigamy.

2. Bigamy is a serious misdemeanor.

3. Any of the following is a defense to the charge of bigamy:

a. The prior marriage was terminated in accordance with applicable law, or the person reasonably believes on reasonably convincing evidence that the prior marriage was so terminated.

b. The person believes, on reasonably convincing evidence, that the prior spouse is dead.

c. The person has, for three years, had no evidence by which the person can reasonably believe that the prior spouse is alive. [C51, §2706 – 2708; R60, §4348 – 4350; C73, §4009 – 4011; C97, §4933 – 4935; C24, 27, 31, 35, 39, §12975 – 12977; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §703.1 – 703.3; C79, 81, §726.1] 2013 Acts, ch 90, §236 \n 726.2 Incest. A person, except a child as defined in section 702.5, who performs a sex act with another whom the person knows to be related to the person, either legitimately or illegitimately, as \n Tue Dec 09 21:55:39 2025 Iowa Code 2026, Chapter 726 (43, 1) §726.2, PROTECTIONS — FAMILY, DEPENDENTS, ELDERLY, OTHERS 2\n\nan ancestor, descendant, brother or sister of the whole or half blood, aunt, uncle, niece, or nephew, commits incest. Incest is a class “D” felony. [R60, §4367 – 4369; C73, §4030; C97, §4936; C24, 27, 31, 35, 39, §12978; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §704.1; C79, 81, §726.2] 86 Acts, ch 1105, §1 Referred to in §232.68, 232.82, 232E.1, 235B.2, 235E.1, 235F.1, 236A.2, 236A.18, 256.146, 692A.102, 692A.121, 802.2A, 903B.2, 915.36, 915.37 \n

Notes of Decisions

Cited in 9 cases, 1947–2018 · leading case: Jacobs v. City of Chariton, 65 N.W.2d 561 (Iowa 1954).

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Jacobs v. City of Chariton, 65 N.W.2d 561 (Iowa 1954). · cites it 16× “It was further shown to defendant council that Jacobs was indicted on February 16, 1952, for the offense of keeping a gambling house for that "on or about February 1, 1952, he kept a tavern resorted to for the purpose of gambling, contrary to section 726.1, Code 1950 [I.C.A.]."…”

State v. Mabrey, 60 N.W.2d 889 (Iowa 1953). · cites it 8× “— Following trial to the court without a jury defendant was convicted and fined $100 for keeping a gambling house in violation of section 726.1, Code, 1950, which provides, so far as material here: “If any person * * * permit * * * any person in any house, shop, or other place…”

Estes v. State, 546 S.W.3d 691 (Tex. Crim. App. 2018). “§ 14:76 (2014); Iowa Code § 726.1 (2013); Tenn. Code Ann.”

Century 21 Shows, Inc. v. State of Iowa, 346 F. Supp. 1050 (S.D. Iowa 1972). · cites it 10× “[1] They requested in the alternative either preliminary injunctive relief pending final disposition of the State appeal, or a declaration that *1052 §§ 726.1 and 726.3 are impermissibly vague under standards of the Fourteenth Amendment.”

State v. Rand, 25 N.W.2d 800 (Iowa 1947). · cites it 2× “” The indictment was, in substance, in the words of said section 13198 (section 726.1, Code of 1946). Section 13199, Code, 1939 (section 726.”

State v. Mabrey, 56 N.W.2d 888 (Iowa 1953). · cites it 8× “Defendant was informed against by the county attorney for keeping a gambling house in that he “did keep a place known as the ‘Carter Lake Club’, resorted to for the purpose of gambling, and did permit persons in said place to play at a game for money, known as ‘Bingo’, all in…”

Idea Rsch. & Dev. Corp. v. Hultman, 131 N.W.2d 496 (Iowa 1964). · cites it 4× “In the Mabrey cases the prosecution was under section 726.1, Code of Iowa, I.C.A. That statute proscribes permitting any person in any *502 house or other place under his (defendant's) control playing any game for money or other thing.”

In the Matter of Forfeiture of One Hundred Twenty-Six Dollars, 251 N.W.2d 216 (Iowa 1977). “5, as amended by chapter 153 of the 1973 Session of the General Assembly and of the crime of keeping a gambling house as defined in § 726.1 as amended by chapter 153 aforesaid.”

State v. Nelson, 98 N.W.2d 4 (Iowa 1959). · cites it 2× “657 , 658, states the offense of keeping a gambling house in violation of a statute (now Code section 726.1) is not necessarily a continuing one and may be complete even though it “is so kept and maintained, but for a single day or for any definite, measurable length of time.”

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