South Dakota Codified Laws 22-22A-1. Bigamy–Exceptions–Felony
Any person who, while married to another presently living person, marries any other person, is guilty of bigamy. The provisions of this section do not apply to:
(1) Any person, if that person’s husband or wife has been absent for five successive years and is not known to be living by such person;
Attorney's Note
Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 6 felony | up to 2 years | up to $4,000 |
Terms Used In South Dakota Codified Laws 22-22A-1
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
(2) Any person, if that person’s husband or wife has absented himself or herself from such spouse by being outside the United States, continuously for at least five years;
(3) Any person, if that person’s marriage has been pronounced void, annulled, or dissolved by a competent court; or
(4) Any person, presently married, who believes, in good faith, and has reason to believe, that the marriage has been pronounced void, annulled, or dissolved by a competent court.
Bigamy is a Class 6 felony.
Source: SDC 1939, § 13.1713; SL 1976, ch 158, § 22-6; SL 2000, ch 104, § 1; SDCL, § 22-22-15; SL 2005, ch 120, §§ 19, 23.