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  1. #1
    Join Date
    Apr 2008
    Posts
    13

    Default Filing Bigamy Charges

    My question involves criminal law for the state of: California
    How bigamy be caught by the law?
    How to report a bigamy?

  2. #2
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: Bigamy

    If it gets reported, then it would be up to the District Attorney as to whether or not they will decide to prosecute. It would depend up on the facts of the case.

    PENAL CODE
    SECTION 281-289.6

    281. (a) Every person having a husband or wife living, who marries any other person, except in the cases specified in Section 282, is guilty of bigamy.
    (b) Upon a trial for bigamy, it is not necessary to prove either of the marriages by the register, certificate, or other record evidence thereof, but the marriages may be proved by evidence which is admissible to prove a marriage in other cases; and when the second marriage took place out of this state, proof of that fact, accompanied with proof of cohabitation thereafter in this state, is sufficient to sustain the charge.

    282. Section 281 does not extend to any of the following:
    (a) To any person by reason of any former marriage whose husband or wife by such marriage has been absent for five successive years without being known to such person within that time to be living.
    (b) To any person by reason of any former marriage which has been pronounced void, annulled, or dissolved by the judgment of a competent court.

    283. Bigamy is punishable by a fine not exceeding ten thousand dollars ($10,000) or by imprisonment in a county jail not exceeding one year or in the state prison.

    284. Every person who knowingly and willfully marries the husband or wife of another, in any case in which such husband or wife would be punishable under the provisions of this chapter, is punishable by fine not less than five thousand dollars ($5,000), or by imprisonment in the state prison.

  3. #3
    Join Date
    Apr 2008
    Posts
    13

    Default Re: Filing Bigamy Charges

    Thank you for your answer

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