2006 Ohio Revised Code - 2919.01. Bigamy.

§ 2919.01. Bigamy.
 

(A)  No married person shall marry another or continue to cohabit with such other person in this state. 

(B)  It is an affirmative defense to a charge under this section that the actor's spouse was continuously absent for five years immediately preceding the purported subsequent marriage, and was not known by the actor to be alive within that time. 

(C)  Whoever violates this section is guilty of bigamy, a misdemeanor of the first degree. 
 

HISTORY: 134 v H 511. Eff 1-1-74.
 

Not analogous to former RC § 2919.01 (RS § 6841; S&C 1610; 55 v 44; 80 v 43; 91 v 338; GC §§ 12873, 12874; Bureau of Code Revision, 10-1-53; 127 v 847), repealed 134 v H 511, § 2, eff 1-1-74.

 

19xx Committee Report or Comment.

1974 Committee Comment to H 511

Except for the penalty, this section is substantively the same as former section 2905.43 of the Revised Code, as such section was amended in 1961 as the apparent result of State v. Schreckengost, 85 Ohio Law Abs. 153, 13 O.O.2d 335, 170 N.E.2d 307 (Akron Mun. Ct., 1960); See, also 1930 OAG, No. 1409. Under this section, as under the former law, the offense is committed when the bigamous marriage takes place in this state, or, regardless of where the marriage took place, when the bigamous couple cohabit in this state. The former offense was a felony, whereas under this section the offense is a serious misdemeanor. 

Bigamy is a misdemeanor of the first degree. 

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