The act of entering into a marriage with one person while still legally married to another, without having obtained a valid divorce or annulment of the earlier marriage. It is criminalized in most jurisdictions that recognize monogamous marriage as the only legal form, generally on the basis that it defrauds the second spouse of a valid marital status and undermines the legal and administrative integrity of the marriage system the state maintains, and the resulting second marriage is typically void from the outset regardless of whether either party is ever prosecuted. It is legally distinct from polygamy as practiced openly and with the knowledge of all parties within a legal or religious system that permits it, which some jurisdictions treat as a separate and specifically defined offense rather than as bigamy.
Facts
Classification CodeRepublic of Ireland: a criminal offence under section 57 of the Offences Against the Person Act 1861, up to seven years' imprisonment, though the Director of Public Prosecutions rarely prosecutes; United Kingdom: on indictment up to seven years' imprisonment or on summary conviction up to six months' imprisonment or a prescribed fine, or both; United States: illegal in every state, with no single federal statute, punishable by up to five years' imprisonment. 1 Typical PenaltyPenalties vary sharply by country: up to five years' imprisonment in Australia, Canada and the United States; five to ten years in Belgium; two to six years in Brazil; up to two years in China, rising to three years for bigamy involving soldiers; up to seven years in Hong Kong and the Republic of Ireland; up to three years in Germany; up to six months in Ghana. 1 Elements of OffenseThe act of entering into a marriage with one person while still legally married to another; a legal or de facto separation does not alter the marital status of the earlier marriage, and a person in the process of divorcing remains legally married until the divorce becomes final. If the prior marriage is void for any reason, the couple is not married and no bigamy occurs by marrying another. 1 Notable ExampleIn the United States the criminalization of a polygamous lifestyle, a closely related practice, originated as anti-Mormon legislation; de facto polygamy remains illegal under the federal Edmunds Act, though such laws are rarely enforced. 1 Jurisdiction VariationMost western countries recognize only monogamous marriage and treat bigamy as a crime; with few exceptions, such as the Maldives and Sudan, a prior spouse's consent to a second marriage makes no difference to its legality. 1 Classification
Offense GradeMinor or Summary Offense 1 Sources
1. Bigamy (Wikipedia)
Wikipedialead paragraph, first sentence
In a culture where only monogamous relationships are legally recognized, bigamy is the act of entering into a marriage with one person while still legally married to another.
By country and region, Republic of Ireland entry
Republic of Ireland: A criminal offence under section 57 of the Offences Against the Person Act 1861, up to seven years' imprisonment.
Lead section, definition sentence
In a culture where only monogamous relationships are legally recognized, bigamy is the act of entering into a marriage with one person while still legally married to another.
By country and region, Australia through China entries
Australia: Illegal. Up to five years' imprisonment.
Legal situation section, United States sentence
This is the case with the United States where the criminalisation of a polygamous lifestyle originated as anti-Mormon laws, although they are rarely enforced.
Legal situation section, opening sentence
Most western countries do not recognise polygamous marriages, and consider bigamy a crime.
View the Source Reader Challenges (0)
No disputes yet. Spotted an error or a better source? Open the first one.
Sign in to dispute this or suggest a correction.