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Texas Penal Code - Section 25.01. Bigamy

Legal Research Home > Texas Lawyer > Penal Code > Texas Penal Code - Section 25.01. Bigamy

§ 25.01. BIGAMY.  (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.
	(b)  For purposes of this section, "under the appearance of 
being married" means holding out that the parties are married with 
cohabitation and an intent to be married by either party.
	(c)  It is a defense to prosecution under Subsection (a)(1) 
that the actor reasonably believed at the time of the commission of 
the offense that the actor and the person whom the actor married or 
purported to marry or with whom the actor lived under the appearance 
of being married were legally eligible to be married because the 
actor's prior marriage was void or had been dissolved by death, 
divorce, or annulment.  For purposes of this subsection, an actor's 
belief is reasonable if the belief is substantiated by a certified 
copy of a death certificate or other signed document issued by a 
court.
	(d)  For the purposes of this section, the lawful wife or 
husband of the actor may testify both for or against the actor 
concerning proof of the original marriage.
	(e)  An offense under this section is a felony of the third 
degree, except that if at the time of the commission of the offense, 
the person whom the actor marries or purports to marry or with whom 
the actor lives under the appearance of being married is:
		(1)  16 years of age or older, the offense is a felony 
of the second degree;  or
		(2)  younger than 16 years of age, the offense is a 
felony of the first degree.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.  
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 
1994;  Acts 2005, 79th Leg., ch. 268, § 4.03, eff. Sept. 1, 2005.

Last modified: August 11, 2007