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What is bigamy?

Bar Exam Prep Criminal Law Sex Offenses What is bigamy?

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👮‍♂️ Criminal Law • Sex Offenses CRIMLAW#037

Legal Definition

Bigamy is the common law strict liability offense of marrying someone while having another living spouse.

Plain English Explanation

If someone is legally married to more than one spouse, they have committed bigamy whether or not they intended to or were aware that they committed the offense.

Hypothetical

Hypo 1: Bob and Amy are super drunk in Las Vegas and get married. Neither can remember the next day. 30 years later, Amy marries Sam, who she believes to be her first husband. Result: Amy has committed bigamy. It doesn't matter if she can't remember her first legal marriage, she is strictly liable for the objective fact that she now has two marriages simultaneously.

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