§ 5-26-201 - Bigamy.
5-26-201. Bigamy.
(a) A person commits bigamy if, being married, he or she purports to marry another person.
(b) It is an affirmative defense to a prosecution under this section that at the time of the alleged offense the actor:
(1) Reasonably believed that the prior spouse was dead;
(2) Had lived apart from the prior spouse for five (5) consecutive years throughout which time the prior spouse was not known to the actor to be alive;
(3) Reasonably believed that a court had ordered a valid termination or annulment of the prior marriage; or
(4) Otherwise reasonably believed that the actor was legally eligible to marry.
(c) Bigamy is a Class A misdemeanor.