The Bigamy crime in the state of Texas gives police the right to arrest you if they believe you married someone while you were still married to someone else. Learn more detailed information about the Bigamy offense below.
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Bigamy is classified in the Texas Penal Code under Title 6 “Offenses Against The Family,” Chapter 25 “Offenses Against The Family.”
What is the current Texas law about Bigamy?
The current Texas law 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 Bigamy?
You can be charged with Bigamy 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 punishment for Bigamy?
A conviction for Bigamy is punished by default as a Felony of the Third Degree,[2] with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 10 years. Learn about the differences between grades of felonies and misdemeanors
However, if the person you married is 17, then a conviction for Bigamy is punished as a Felony of the Second Degree,[3] 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 is punished as a Felony of the First Degree,[4] with a maximum possible fine under Texas state law of up to $10,000 and life in prison.
Legal References:
^1. Texas Penal Code §25.01^2. Texas Penal Code §25.01(e)^3. Texas Penal Code §25.01(e)(1)^4. Texas Penal Code §25.01(e)(2)
