A bigamy charge under California Penal Code 281 occurs when prosecutors allege that you married or entered a domestic partnership while still legally married to another person. Many bigamy charges arise from misunderstandings, such as mistakenly believing a divorce was finalized or confusing legal separation with divorce. A lawyer will be needed because these cases rely on whether your belief or intent was reasonable. This guide will explain the legal meaning of bigamy, outline the elements the prosecution must prove, discuss potential defenses and penalties, and explain the actions you can take if you are accused.
An Overview of Penal Code 281
Penal Code 281 is intended to maintain the legal framework of marriage and avoid property, inheritance, custody, and benefits issues. It does not apply to informal or polyamorous relationships but to the act of marrying a second time or entering a registered domestic partnership when one is already married.
Defining Bigamy
To secure a conviction for bigamy under California law, the prosecution must generally establish three key elements: (1) you were in a valid and existing first marriage; (2) you entered a second legal marriage while the first marriage was still active; and (3) the act was done knowingly and willfully.
One of the bigamy defenses is the absence of wrongful intent, that is, the belief that you were allowed to remarry.
Legal Definitions
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Legal Marriage
A marriage is legal in California when it has specific requirements:
- A valid California marriage requires legal capacity, consent, a marriage license, and a ceremony performed by an authorized person.
- The state of California does not honor common-law marriages that were contracted in the state.
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Out-of-State or International Marriages Recognition
California usually recognizes marriages legally conducted in other states, even common-law marriages in states where they are identified. It will, however, not acknowledge marriages that are against its firm public policy, like bigamous marriages, even though they may be legal in a foreign country.
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Separation vs. Legal Dissolution
Most bigamy cases stem from misunderstandings about marital status. Legal separation permits spouses to live apart but does not dissolve the marriage. Therefore, they remain legally unable to remarry. In California, a divorce is not finalized until at least six months after the respondent has been served or makes an appearance in the case and the court issues a final judgment. Annulment considers a marriage as not having existed in the first place, enabling you to remarry.
Key Elements of a Bigamy Charge
In a bigamy case, the prosecutor has to establish particular legal elements to obtain a conviction.
Burden of Proof by Prosecution
In criminal law, such as bigamy, the prosecution has to demonstrate all the elements of the crime beyond a reasonable doubt. This is the highest degree of proof, and evidence must be so strong that it is impossible to think of any other logical reason but that you committed the crime.
Establishing a Valid Marriage that Exists
First, the prosecutor has to demonstrate that you were legally married when you got into your second marriage. While a formal marriage certificate is commonly used, the prosecution may also rely on alternative lawfully admissible evidence to establish the existence of the first marriage, such as joint tax filings, witness testimony, or public records. This may involve:
- Witnesses of your former husband or bridal party
- Officiant statements
- Records that show you as married (For example, tax returns, insurance, or loan applications)
A Second Formal Marriage Evidence
Then, the state should prove that you were in a second legal marriage when you were already married. This is typically established using the following types of evidence:
- The marriage certificate and license for the second union
- Testimony from your second spouse
- Testimony from individuals present at the second ceremony can also be introduced to establish the occurrence of the second marriage
Demonstrating Intent
Prosecutors must show that you knowingly and willfully entered into the second marriage.
In the case of People v. Vogel, the California Supreme Court ruled that once the prosecution proves the existence of two marriages, the burden shifts to you to demonstrate a good faith belief that you were free to remarry. After that, you must provide evidence that you reasonably thought you could remarry. This defense is meant to refute the aspect of wrongful intent.
Consequences of the inability to Establish All Elements
If the prosecution fails to prove the existence of a lawful marriage, a second formal marriage, or intentional conduct, the case cannot hold. Your attorney’s role is to challenge the prosecution’s evidence and identify weaknesses in their case.
Exemptions and Legal Excuses
Even though California Penal Code 281 seems categorical, the legislation recognizes certain conditions in which entering a second marriage is not a crime. These exceptions are based on statutory provisions and the settled case law.
Exceptions Recognized under California Law
The following are legal exceptions that can fully protect against a bigamy charge.
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Good Faith Belief of the Death of the Spouse
According to Penal Code 282(a), there is a statutory defense in case your first spouse lived away for five years before the second marriage and you did not know the spouse was still alive. Evidence to support this may be a missing person report to law enforcement or testimony by family and friends of the lack of contact.
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Misunderstanding as a Lack of Intent
The most commonly used and convincing defense is based on a lack of criminal intent. This defense is not codified but is based on constitutional principles and was established in People v. Vogel. It states that you cannot be blamed if you have a good and reasonable belief that you are legally free to remarry. The success of this defense depends on the ability to demonstrate that your faith was both sincere and objectively reasonable under the circumstances.
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Uncompleted or Erroneous Divorce Completion
This factual situation often forms the basis of a reasonable belief defense. It is necessary to point out that a divorce or a legal separation is not a valid defense simply by filing for a divorce or being legally separated. You should prove that you had a reasonable cause to think that the divorce was finalized and that it can be based on mistaken information given to you by a former spouse, a misunderstanding of the legal documents, or administrative mistakes of a legal representative or court staff.
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The First Marriage is not Valid
The bigamy charge cannot be maintained if the first marriage was not legally valid, as in the event of incest or where the alleged spouse was already married to a third party. In such cases, you did not have a husband or wife living within the meaning of the law.
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The First Marriage was annulled.
A valid court judgment of nullity (annulment), dissolution (divorce), or declaration of invalidity can legally end a marriage and serve as a defense against bigamy charges. Production of this last court order is a solid defense since you are legally single and therefore can remarry.
Case Scenarios of Bigamy
Misconceived Divorce Completion
Serah and her husband, John, part and decide to divorce. John assured her he would handle the divorce paperwork, and they began living separate lives. Believing the divorce had been finalized, Serah remarries, unaware that John never finalized the divorce. Prosecutors charged her with bigamy. She defends herself by demonstrating a reasonable belief that the divorce was final, and she has emails, witness testimony, and long-term separation to prove the fact.
Belief that Spouse is Dead
This is a situation of a statutory defense under Penal Code 282.
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The Missing Wife and John
John’s wife disappeared while traveling abroad. Five years later, he remarries after a missing person report has been filed. If she reappears, he would still be protected from bigamy charges under this exception because of the statutory presumption of presumed death.
Punishment for Breach of the Penal Code 281
A bigamy conviction in California has grave implications that could impact your freedom, money, and personal rights. Prosecutors can charge bigamy as either a misdemeanor or a felony, depending on the case.
Misdemeanor Consequences
Misdemeanor bigamy is usually filed against a person when the case is not supported by fraud or ill will. A misdemeanor bigamy conviction may result in up to 1 year in jail, a $1000 fine, and/or informal probation.
Felony Penalties and Consequences
Felony-level bigamy is more serious and carries long-term consequences. The conviction of a felony can result in 16 months, two years, or three years in prison; fines of up to $10,000, and formal probation.
Prosecutorial Discretion and Aggravating Factors
Prosecutors are more likely to file felony charges when aggravating factors such as:
- Deceit: Hiding that you were previously married by your second spouse or the government.
- Bad faith: The marriage was entered into for ulterior motives, such as immigration or property fraud.
- Vulnerable Victim: Taking advantage of a second spouse who was either emotionally or physically weak
- Criminal History: A history of fraud or dishonesty is a felony risk factor
These factors may encourage prosecutors to pursue harsher penalties or push for plea deals, making early legal representation essential.
Employment Implications
Felony convictions can damage your career and cause you to lose or have suspended professional licensure (doctors, lawyers, teachers, or nurses).
Family and Custody Consequences
A second marriage entered into while still legally married may be considered void, which can complicate family law matters such as custody or property division. However, legal parentage can still be established based on other factors under California law.
Even if you are the biological father, you may need to initiate a separate legal action to obtain custody or visitation rights. This can result in additional family court proceedings.
Consequences of Immigration to Non-Citizens
To non-U.S. citizens, a bigamy conviction may seriously affect immigration status. It is usually handled as a crime involving moral turpitude (CIMT), which encompasses behavior regarded as dishonest or immoral. Where fraud or deception is involved, immigration authorities may classify bigamy as a CIMT, impacting your immigration status. A bigamy conviction may lead to inadmissibility, deportation, and ineligibility to naturalize.
Legal Defenses to Bigamy (Penal Code 281) Charges
An accusation of bigamy under California Penal Code 281 is not a conviction. Your legal attorney can employ defenses that could convince the judge of your innocence. The following are some of the common legal defenses that could lead to the reduction of charges or even dismissal of your case, depending on the facts of your case.
Good Faith That the First Marriage was Dissolved
Your defense lawyer could argue the fact that you had a reasonable belief that your first marriage was legally dissolved. This defense is based on the argument that marrying a second spouse was not done with criminal intent.
For example, you may have divorced, been assured that the divorce was final, and remarried. You later discover that the divorce documents were never completed or appropriately filed because of a court mistake or an attorney's oversight. If your belief that you were legally single was genuine and reasonable, the prosecution cannot prove a willful violation of the law.
Courts have consistently held that a good-faith and objectively reasonable misconception of marital status may be a full defense to a bigamy charge, especially where it is backed by documentation or the testimony of credible witnesses.
The First Marriage Had Not Been Legal
Your lawyer will help you prove that your first marriage was not valid in the first place. Some marriages are void under the law in California. These are marriages of close blood relatives, or one of the spouses was already married when the second marriage occurred (bigamy in the first marriage).
The first marriage is invalid if it was void from the beginning or later annulled. Thus, remarrying would not be a contravention of Penal Code 281. This defense works exceptionally well when there are obvious legal or factual flaws in the prior marriage, like the fact that your spouse was still legally married to another person when you got married.
You were Convinced that the First Spouse Had Died
California Penal Code 282 offers a statutory defense to those who remarry in good faith that the first spouse is dead, following a long absence. In case your spouse was absent five or more years in a row and you did not suspect that they were alive, you will not be charged with bigamy if you remarried in the meantime.
Your defense attorney can present evidence such as police reports, missing person notices, or witness testimony that your spouse is missing and you have tried to find them. This defense highlights the importance of acting in good faith and taking reasonable steps to determine your spouse’s status.
Lack of Intent based on Coercion or Duress
Your defense lawyer could argue that you were coerced or forced into the second marriage. Since intent is a key element of a bigamy offense, any absence of voluntary consent can defeat the criminal element of willfulness.
As an example, in case you were threatened or coerced into a second marriage, your lawyer can claim that you were not in a state of mind to be convicted. This may include threats, emotional manipulation, or abuse by the person seeking to marry you, or even cultural or family pressure to the extent of psychological coercion.
Clerical or Administrative Mistakes
Sometimes, a divorce or annulment status may be confused because of clerical errors by a court, attorney, or government agency. Your defense lawyer could demonstrate that you reasonably acted on official documents or legal advice that indicated that your previous marriage was dissolved.
As an example, a judge may render a dissolution judgment and not record it in the record. If you relied in good faith on information or legal documents provided by a licensed attorney or a court, that reliance may support a lack of intent defense.
Insufficient Evidence on the Part of the Prosecution
The prosecution is burdened to prove all the elements beyond a reasonable doubt. They should be able to demonstrate that:
- At the time of the second marriage, you were legally married
- You were well aware of this, and yet you went ahead and got into a second marriage
Any inability to satisfy these factors, including the absence of documentation of the first marriage or the failure to prove willfulness, may lead to a not-guilty verdict. Your lawyer is there to dispute the validity, reliability, or adequacy of the evidence presented by the prosecution at all levels.
Find a Family Law Attorney Near Me
If you are accused of bigamy, legal intervention is necessary. You should hire a qualified defense lawyer to handle your case, challenge the evidence, and develop a defense strategy tailored to your situation. They can even file motions to safeguard your rights in a trial, especially if you have a prior criminal record. Since bigamy has an impact on family law issues such as annulment, custody, and paternity, there is a need to have coordinated legal assistance. Contact the Los Angeles Divorce Lawyer at 310-695-5212 to protect your legal rights, liberty, and family interests.
