Iowa Code 726.1 – Bigamy
Current as of: 2024 | Check for updates
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Attorney's Note
Under the Iowa Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Serious misdemeanor | up to 1 year | between $430 and $2,560 |
Terms Used In Iowa Code 726.1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
726.1 Bigamy.
1. a. Any person, having a living husband or wife, who marries another, commits bigamy.
b. Any person who marries another who the person knows has another living husband or wife commits bigamy.
2. Bigamy is a serious misdemeanor.
3. Any of the following is a defense to the charge of bigamy:
a. The prior marriage was terminated in accordance with applicable law, or the person reasonably believes on reasonably convincing evidence that the prior marriage was so terminated.
b. The person believes, on reasonably convincing evidence, that the prior spouse is dead.
c. The person has, for three years, had no evidence by which the person can reasonably believe that the prior spouse is alive.
[C51, §2706 – 2708; R60, §4348 – 4350; C73, §4009 – 4011; C97, §4933 – 4935; C24, 27, 31,
35, 39, §12975 – 12977; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §703.1 – 703.3; C79, 81, §726.1]
2013 Acts, ch 90, §236
1. a. Any person, having a living husband or wife, who marries another, commits bigamy.
b. Any person who marries another who the person knows has another living husband or wife commits bigamy.
2. Bigamy is a serious misdemeanor.
3. Any of the following is a defense to the charge of bigamy:
a. The prior marriage was terminated in accordance with applicable law, or the person reasonably believes on reasonably convincing evidence that the prior marriage was so terminated.
b. The person believes, on reasonably convincing evidence, that the prior spouse is dead.
c. The person has, for three years, had no evidence by which the person can reasonably believe that the prior spouse is alive.
[C51, §2706 – 2708; R60, §4348 – 4350; C73, §4009 – 4011; C97, §4933 – 4935; C24, 27, 31,
35, 39, §12975 – 12977; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §703.1 – 703.3; C79, 81, §726.1]
2013 Acts, ch 90, §236