Va. Code » Title 18.2. Crimes and Offenses Generally » Chapter 8. Crimes Involving Morals and Decency » Article 4. Family Offenses; Crimes Against Children, Etc.
Virginia Code

Va. Code Ann. § 18.2-362 (2026)

Person marrying when spouse is living; penalty; venue

✓ current as of May 2026
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If any married person, during the life of such person's spouse, marries another person in the Commonwealth, or, if the marriage with such other person takes place outside of the Commonwealth and the persons cohabitate in the Commonwealth, he is guilty of a Class 4 felony. Venue for a violation of this section may be in the county or city where the subsequent marriage occurred or where the parties to the subsequent marriage cohabited.

Code 1950, § 20-41; 1975, cc. 14, 15; 2003, c. 99; 2020, c. 900.

Notes of Decisions
Cited in 14 cases, 1981–2015 · leading case: Cole v. Commonwealth, 712 S.E.2d 759 (Va. Ct. App. 2011).
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Cole v. Commonwealth, 712 S.E.2d 759 (Va. Ct. App. 2011). · cites it 37× “of bigamy in violation of Code § 18.2-362. On appeal, Cole concedes he was already married to one woman when he married another, but argues he nonetheless should be acquitted as a matter of law.”
State v. Green, 2004 UT 76 (Utah 2004). · cites it 2× “Laws § 11-6-1 (2003); Va. Code Ann. § 18.2-362 (2003); Wis. Stat.”
Stuart v. Commonwealth, 397 S.E.2d 533 (Va. Ct. App. 1990). · cites it 12× “1) instead of bigamy (Code § 18.2-362). We hold that a reasonable belief that one has been divorced is not a defense to a charge of bigamy, and that the Commonwealth’s attorney could choose to charge the defendant with the felony instead of the misdemeanor.”
Foster v. Commonwealth, 369 S.E.2d 688 (Va. Ct. App. 1988). · cites it 2× “For the purposes of this article and Article 4 (§ 18.2-362 et seq. ) of this chapter, the term "sexually explicit visual material" means a picture, photograph, drawing, sculpture, motion picture film or similar visual representation which is obscene for children and which…”
Couch v. Jabe, 737 F. Supp. 2d 561 (W.D. Va. 2010). · cites it 3× “2-365), 9 polygamy (Va. Code § 18.2-362), 10 sexual abuse, 11 and prostitution.”
Frantz v. Commonwealth, 388 S.E.2d 273 (Va. Ct. App. 1990). · cites it 2× “For the purposes of this article and Article 4 (§ 18.2-362 et seq.) of this chapter, the term "sexually explicit visual material" means a picture, photograph, drawing, sculpture, motion picture film or similar visual representation which depicts sexual bestiality, a lewd…”
Freeman v. Commonwealth, 288 S.E.2d 461 (Va. 1982). “For the purposes of this article and article 4 (§ 18.2-362 et seq.) of this chapter, the term “sexually explicit visual material” means a picture, photograph, drawing, sculpture, motion picture film or similar visual representation which is obscene for children and which depicts…”
Hager v. Hager, 349 S.E.2d 908 (Va. Ct. App. 1986). · cites it 2× “Code § 18.2-362. Therefore, the South Carolina marriage ceremony “conferred no legal rights, and it was as if no marriage had ever been performed.”
Johnson v. Commonwealth, 580 S.E.2d 486 (Va. Ct. App. 2003). “) or family offenses pursuant to Article 4 (§ 18.2-362 et seq.) of Chap *614 ter 8 of Title 18.”
Hassan v. Johnson, 93 F. Supp. 3d 457 (E.D. Va. 2015). · cites it 2× “*463 Va.Code Ann. § 18.2-362. As the agency explained in its decision on appeal, the Supreme Court of Virginia has clearly rejected Hassan’s interpretation of the statute.”
Reel v. Reel, 12 Va. Cir. 482 (Frederick Cir. Ct. 1981). · cites it 2× “, Adultery, Fornication and Lewdness§ 11, or that portion of Section 18.2-362, the bigamy statute, involving cohabitation in this State.”
Higgs v. Higgs, 12 Va. Cir. 509 (Warren Cir. Ct. 1983). “, Adultery, Fornication and Lewdness, § 11, or that portion of § 18.2-362, the bigamy statute, involving cohabitation in this State.”
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