New Mexico Statutes

N.M. Stat. § 30-10-1 (2026)

Bigamy.

✓ current as of May 2026

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Bigamy consists of knowingly entering into a marriage by or with a person who has
previously contracted one or more marriages which have not been dissolved by death,
divorce or annulment. Both parties may be principals.

   Whoever commits bigamy is guilty of a fourth degree felony.

History: 1953 Comp., § 40A-10-1, enacted by Laws 1963, ch. 303, § 10-1.

                                     ANNOTATIONS

Elements. — Knowledge is an element of the crime of bigamy. Evidence of defendant’s
legal knowledge is admissible to rebut a defense that defendant did not know he was
not divorced when he remarried. State v. Ashley, 1997-NMSC-049, 124 N.M. 1, 946
P.2d 205.

Cohabitation without marriage contrary to public policy. — Prior to its repeal, 30-
10-2 NMSA 1978 declared cohabitation a criminal offense. In re Estate of Bivians, 1982-
NMCA-132, 98 N.M. 722, 652 P.2d 744, cert. quashed, 98 N.M. 762, 652 P.2d 1213
(decided under prior law).

Meaning clear. — The meaning of "bigamy" as used in Code 1915, § 1775 was
universally understood, and no language could have been employed which would have
made clearer the intention of the legislature. State v. Lindsey, 1921-NMSC-004, 26 N.M.
526, 194 P. 877 (decided under prior law).

Indictment. — It was not necessary to allege knowledge or intention in an indictment
for bigamy. State v. Lindsey, 1921-NMSC-004, 26 N.M. 526, 194 P. 877 (decided under
prior law).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 10 Am. Jur. 2d Bigamy §§ 1 to 5.

Common-law marriage, prosecution based on, 70 A.L.R. 1036.

Validation of marriage by death of former spouse, 95 A.L.R. 1292.

Mistake as to validity or effect of divorce as defense to, 56 A.L.R.2d 915.
Crimes against spouse within exception permitting testimony by one spouse against
other in criminal prosecution - modern state cases, 74 A.L.R.4th 223.

10 C.J.S. Bigamy § 2 et seq.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1985–2023 · leading case: State v. Ashley, 946 P.2d 205 (N.M. 1997).

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State v. Ashley, 946 P.2d 205 (N.M. 1997). · cites it 8× “…who has previously contracted one or more marriages which have not been dissolved by death, divorce or annulment." NMSA 1978, § 30-10-1.”

Estes v. State, 546 S.W.3d 691 (Tex. Crim. App. 2018). “055 (1963); N.M. Stat. Ann. § 30-10-1 (1963) ; S.C. Code Ann.”

Medina v. Medina, 2006 NMCA 042 (N.M. Ct. App. 2006). · cites it 3× “See NMSA 1978, § 30-10-1 (1963). Colorado, however, has a statute mandating that a court shall declare a bigamous marriage invalid from its inception.”

Potter v. Murray City, 760 F.2d 1065 (10th Cir. 1985). “§ 21-3601 (1981); N.M.Stat.Ann. § 30-10-1 (1978); Okla.Stat.”

Rios v. Rios (N.M. Ct. App. 2023). · cites it 2× “{10} We begin by noting that, while bigamy is not an expressly prohibited form of marriage by statute, see NMSA 1978, § 40-1-9 (2013) (prohibiting only incestuous marriages and unions with minors), it is a criminal offense under NMSA 1978, Section 30-10-1 (1963).”

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.