Tennessee Code Annotated

Tenn. Code Ann. § 39-15-301 (2026)

Bigamy

✓ current as of May 2026

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(a) A person commits bigamy who:
- (1) Is married and purports to marry or be married to a person other than the person's spouse in this state under circumstances that would, but for the person's existing marriage, constitute a marriage; or
- (2) Knows that a person other than the person's spouse is married and purports to marry or be married to the person in this state under circumstances that would, but for the person's existing marriage, constitute a marriage.

(b) It is a defense to prosecution under subdivision (a)(1) that the person reasonably believed that the person's marriage had been dissolved by death, divorce or annulment.

(c) For purposes of determining when prosecution for this offense must begin under § 40-2-101:
- (1) A violation of this section is a continuing offense; and
- (2) Nothing in this section shall be construed as limiting the applicability of § 40-2-103.

(d) Bigamy is a Class A misdemeanor and, in addition to the authorized term of imprisonment, shall be punishable by a fine not to exceed five thousand dollars ($5,000).

Amended by 2013 Tenn. Acts, ch. 227,s 1, eff. 7/1/2013.

Acts 1989, ch. 591, § 1.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2015–2025 · 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). “1 (2013); Tenn. Code Ann. § 39-15-301 (2013); 720 Ill.”

State of Tennessee v. Kentrel Moragne (Tenn. Crim. App. 2025). · cites it 2× “be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance or controlled…”

In re C.A.F. (Tenn. Ct. App. 2015). “39-13-504 aggravated sexual battery and 522 rape of a child; T.C.A. 39-15-301, incest; T.C.A. 39-15-402 Haleys Law; and T.”

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