Bigamy: Texas Penal Code §25.01

The Texas Bigamy law gives police the right to arrest you if they believe you married someone while you were still married to someone else.

The Texas legislature codified this criminal offense in Texas Penal Code Section 25.01. The legislature did not update this law in 2023. In fact, this law has not been amended since 2011.

The Penal Code classifies the Texas Bigamy law under Title 6 “Offenses Against The Family,” Chapter 25 “Offenses Against The Family.” This chapter includes crimes that focus on familial, parent, and spousal relationships. Some of the offenses relate to sexual or violent behavior, while others deal with custody and possession of children. Learn more about the Texas offense of Bigamy below.

What is the current Texas law about Bigamy?

Texas law currently defines the offense of Bigamy in Penal Code Section §25.01 as follows:^[1]

(a) An individual commits an offense if:

(1) he is legally married and he:

(A) purports to marry or does marry a person other than his spouse in this state, or any other state or foreign country, under circumstances that would, but for the actor’s prior marriage, constitute a marriage; or

(B) lives with a person other than his spouse in this state under the appearance of being married; or

(2) he knows that a married person other than his spouse is married and he:

(A) purports to marry or does marry that person in this state, or any other state or foreign country, under circumstances that would, but for the person’s prior marriage, constitute a marriage; or

(B) lives with that person in this state under the appearance of being married.

How can I be charged with a Bigamy offense in Texas?

You can be charged with Bigamy in Texas if the state’s attorneys believe that each of the elements of 25.01(a) as described in the section above have been met.

What is the statute of limitation for Bigamy in Texas?

Generally, the Bigamy law has a seven year limitations period under Texas law^[2] However, the limitations period extends to ten years from the 18th birthday of the victim of the offense if the person, other than the legal spouse of the defendant, whom the defendant marries or purports to marry or with whom the defendant lives under the appearance of being married is younger than 18 years of age at the time the offense is committed.^[3]

What is the penalty for a Texas Bigamy offense?

A conviction for Bigamy is punished by default as a Felony of the Third Degree,^[4] with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 10 years.

However, if the person you married is 17, then a conviction for Bigamy in Texas is punished as a Felony of the Second Degree,^[5] with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 20 years.

And if the person you married is 16 years old or younger, then a conviction for Bigamy in Texas is punished as a Felony of the First Degree,^[6] with a maximum possible fine under Texas state law of up to $10,000 and life in prison.

Can you get probation for Bigamy in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Bigamy, and judges are also allowed to accept deferred adjudication plea deals.^[7]

Do I have to register as a sex offender in Texas if guilty of Bigamy?

The Bigamy offense does not appear on the list of offenses requiring registration under Chapter 62 of the Texas Code of Criminal Procedure.^[8]

However, the legislature can add this offense to the list at any time. If that happens, people convicted of Bigamy would have to register, even if the offense did not appear on the list at the time they accepted a deferred adjudication plea (even if later dismissed), pled guilty or were founty guilty.

What level of crime is Bigamy in Texas?

The Penal Code classifies the punishment for Bigamy as a first, second, or third degree felony, depending on the circumstances.

Learn more about the penalty range for this offense in the section above.

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Legal References:

^1. Texas Penal Code §25.01. This law is current as of 2024.^2. Code of Criminal Procedure 12.01(3)(J)^3. Code of Criminal Procedure 12.01(6)(C)^4. Texas Penal Code §25.01(e)^5. Texas Penal Code §25.01(e)(1)^6. Texas Penal Code §25.01(e)(2)^7. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102^8. Code of Criminal Procedure, Article 62.001