Ohio Revised Code

Ohio Rev. Code § 2919.01 (2026)

Bigamy

✓ current as of May 2026
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(A) No married person shall marry another or continue to cohabit with such other person in this state.

(B) It is an affirmative defense to a charge under this section that the actor's spouse was continuously absent for five years immediately preceding the purported subsequent marriage, and was not known by the actor to be alive within that time.

(C) Whoever violates this section is guilty of bigamy, a misdemeanor of the first degree.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1956–2025 · 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). “17-A, § 551 (1975); Ohio Rev. Code Ann. § 2919.01 (1974); N.H.”
State v. Stacey, 2009 Ohio 3816 (Ohio Ct. App. 2009). “R.C. 2919.01(A). Furthermore, a minor must obtain consent to marry, and there was no evidence that such consent had been sought or obtained.”
State v. Bansobeza, 2025 Ohio 2704 (Ohio Ct. App. 2025). “See R.C. 2919.01 (prohibiting a married person from marrying another and making the crime a first-degree misdemeanor).”
State v. Edwards, 695 N.E.2d 23 (Ohio Ct. App. 1997). “R.C. 2919.01 provides that “[n]o married person shall marry another * * * in this state,” thus implying that bigamy is a strict liability offense: Where the statute is silent, but plainly indicates a purpose to impose strict liability, no culpable mental state need be shown.”
State v. Kearns, 165 Ohio St. (N.S.) 573 (Ohio 1956). · cites it 2× “Defendant further argues in effect that, if a prosecutor has no right to use money paid to him pursuant to Section 3004, General Code, as his own and subject only to a duty to account and to pay as an indebtedness any portion thereof not used for the purpose specified in that…”
— Ohio Rev. Code § 2919.01(A) — 1 case
State v. Stacey, 2009 Ohio 3816 (Ohio Ct. App. 2009). “R.C. 2919.01(A). Furthermore, a minor must obtain consent to marry, and there was no evidence that such consent had been sought or obtained.”
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