Neb. Rev. Stat. » Chapter 28
Nebraska Revised Statutes

Neb. Rev. Stat. § 28-701 (2026)

Bigamy; penalty; exception

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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(1) If any married person, having a husband or wife living, shall marry any other person, he shall be deemed guilty of bigamy, unless as an affirmative defense it appears that at the time of the subsequent marriage:

(a) The accused reasonably believes that the prior spouse is dead; or

(b) The prior spouse had been continually absent for a period of five years during which the accused did not know the prior spouse to be alive; or

(c) The accused reasonably believed that he was legally eligible to remarry.

(2) Any unmarried person who knowingly marries a person who is married commits bigamy.

(3) Bigamy is a Class I misdemeanor.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1959–2021 · leading case: Estes v. State, 546 S.W.3d 691 (Tex. Crim. App. 2018).
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Estes v. State, 546 S.W.3d 691 (Tex. Crim. App. 2018). “Code § 13A-13-1 (1977) ; Neb. Rev. Stat. § 28-701 (1977) ; Ark. Code Ann.”
State v. Douglas, 388 N.W.2d 801 (Neb. 1986). · cites it 3× “Section 28-915 was enacted in 1977 as part of the overall revision of the Nebraska Criminal Code and is substantially similar to previous Neb. Rev. Stat. § 28-701 (Reissue 1975), “or in any other matter where, by law, an oath or affirmation is required,” which, in turn, was…”
State v. Johnson, 967 N.W.2d 242 (Neb. 2021). · cites it 9× “JOHNSON called at least 10 times to inquire whether the marriage license had been returned.”
State ex rel. Nebraska State Bar Ass'n v. Butterfield, 98 N.W.2d 714 (Neb. 1959). · cites it 2× “” In that connection also, section 28-701, R. R. S. 1943, provides in part: “Whoever, having taken oath or made affirmation in any judicial proceeding, * * * or in any other matter where, by law, an oath or affirmation is required, shall, upon such oath or affirmation willfully…”
Neb. Rev. Stat. § 28-701(1): 1 case
State v. Johnson, 967 N.W.2d 242 (Neb. 2021). “JOHNSON called at least 10 times to inquire whether the marriage license had been returned.”
Neb. Rev. Stat. § 28-701(1)(c): 1 case
State v. Johnson, 967 N.W.2d 242 (Neb. 2021). “JOHNSON called at least 10 times to inquire whether the marriage license had been returned.”
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