Last Updated on September 18, 2024
California recognizes marriages between a man and a woman and two partners of the same sex. It does not, however, acknowledge marriages involving more than one person or those where one party is already married to someone else. Polygamy and bigamy are crimes in California, and if either person getting married knows that one of the individuals is already married, they can face charges.
What is Bigamy Under California Law?
In California, pluralistic marriages are prohibited under Penal Code 281 (PC), which makes marrying someone you know is already married and marrying someone when you know you are already married crimes. In many cases, both the husband and wife will be charged as long as they were both aware of the previous marriage when their wedding took place.
What is the Difference Between Polygamy and Bigamy?
While these two types of marriages involve one person being married to more than one individual, the terms are not quite interchangeable. In a polygamous marriage, all persons involved know that one party is married to more than one person. In a bigamous marriage, one person is married to two or more spouses who are typically unaware of one another.
Both activities are illegal in California, but with a bigamist relationship, only one individual will be charged because they are the only ones aware of the multiple marriages. On the other hand, each person who is married in a polygamist wedding could face charges.
Why is Bigamy Illegal?
Bigamy is against the law because it always involves deception of some type. Polygamy was first illegalized in the US in the 1800s as a response to the rising power of the Mormon church. It remains a crime because it is frequently pushed onto women, violating their right to pursue happy, successful relationships.
These days, many argue this violates Americans’ First Amendment rights as it outlaws some churches’ religious practices. Additionally, some say that laws should be focused on preventing all forced marriages, not just second and subsequent marriages. These individuals argue that women who choose to freely participate in polygamist relationships should be given that right.
Are Polyamorous Marriages Legal Anywhere in the US?
Polygamy and bigamy are prohibited throughout the nation, and even marriages of this type that took place outside the US are not recognized here.
Is Polygamy a Felony?
In California, 281 (PC) can be charged as a felony or misdemeanor at the prosecutor’s discretion. The District Attorney will typically base their charging decision on the specific situation and the defendant’s history.
For example, if a man has a history of trying to marry young women without telling them he is already married, he would be more likely to face felony charges than a woman who chose to become a second wife to a man she knew was married. A criminal defense lawyer can often help convince the DA to charge the case as a misdemeanor rather than a felony.
What is the Penalty for Bigamy?
As a misdemeanor, this crime is punishable by up to $1,000 in fines and one year in county jail, although probation is frequently given in place of or in addition to jail time. As a felony, the sentence is a maximum of 3 years in state prison, probation, and $10,000 in fines.
In addition to the penalties stated under 281 (PC), bigamy is considered a crime of moral turpitude in California, meaning those convicted of this offense could also lose their professional license to work as a doctor, dentist, lawyer, teacher, real estate agent, pilot, or another licensed profession.
Crimes of moral turpitude can also result in deportation for non-citizens.
Defenses to Bigamy
The most effective defense against bigamy is to provide proof or reason that you reasonably believe the prior marriage was no longer legally valid, whether through death, divorce, or another legal form of dissolution. So if someone has good reason to believe their previous spouse died or that their divorce was finalized, they cannot be convicted of bigamy, even if it turns out they were wrong. Most of the time, the charges can be avoided altogether if the defense lawyer can show the parties involved believed the prior marriage was no longer legally binding.
Because these cases can get messy when one person skips out on their marriage, the law allows individuals to remarry if their previous spouse has been absent for five years and they are unsure if the spouse is still alive.
In cases where the new spouse is being charged, the prosecution must prove that the partner knew their husband or wife was already married prior to the wedding ceremony and went ahead with the marriage anyway.
If you have been accused of bigamy or polygamy under 281 (PC), San Diego criminal attorney Peter M. Liss can help. Please call (760) 643-4050 to schedule a free initial consultation.
