46.3801 Bigamy.

Cite as [A.S.C.A. § 46.3801]

(a) A married person commits the crime of bigamy if he:

(1) purports to contract another marriage in this territory; or

(2) cohabits in this territory after a bigamous marriage in another jurisdiction.

(b) A married person does not commit bigamy if, at the time of the subsequent marriage ceremony, he believes that he is legally eligible to remarry.

(c) The defendant has the burden of injecting the issue of belief of eligibility to remarry.

(d) An unmarried person commits the crime of bigamy if he:

(1) purports to contract marriage knowing that the other person is married; or

(2) cohabits in this territory after a bigamous marriage in another jurisdiction.

(e) "Bigamous marriage" has the meaning specified in this section.

(f) Bigamy is a class A misdemeanor.

History: 1979, PL 16-43 § 2.

Research Guide: MCC 568 010, 15 ASC 142.