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CHAPTER 25. OFFENSES AGAINST THE FAMILY
§ 25.01. BIGAMY.
(a) An individual commits an offense if:
(1) he is legally married and he:
(A) purports to marry or does marry a person
other than his spouse in this state, or any other state or foreign
country, under circumstances that would, but for the actor's prior
marriage, constitute a marriage; or
(B) lives with a person other than his spouse in
this state under the appearance of being married; or
(2) he knows that a married person other than his
spouse is married and he:
(A) purports to marry or does marry that person
in this state, or any other state or foreign country, under
circumstances that would, but for the person's prior marriage,
constitute a marriage; or
(B) lives with that person in this state under
the appearance of being married.
(b) For purposes of this section, "under the appearance of
being married" means holding out that the parties are married with
cohabitation and an intent to be married by either party.
(c) It is a defense to prosecution under Subsection (a)(1)
that the actor reasonably believed that his marriage was void or had
been dissolved by death, divorce, or annulment.
(d) For the purposes of this section, the lawful wife or
husband of the actor may testify both for or against the actor
concerning proof of the original marriage.
(e) An offense under this section is a Class A misdemeanor. |
