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

Neb. Rev. Stat. § 28-701 (2026)

Bigamy; penalty; exception

✓ current as of July 2026
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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: State v. Johnson, 967 N.W.2d 242 (Neb. 2021).
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State v. Johnson, 967 N.W.2d 242 (Neb. 2021). · cites it 9× “During that time, Petersen 1 See Neb. Rev. Stat. § 28-701 (1) (Reissue 2016).”
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 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). “During that time, Petersen 1 See Neb. Rev. Stat. § 28-701 (1) (Reissue 2016).”
— Neb. Rev. Stat. § 28-701(1)(c) — 1 case
State v. Johnson, 967 N.W.2d 242 (Neb. 2021). “During that time, Petersen 1 See Neb. Rev. Stat. § 28-701 (1) (Reissue 2016).”
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