There Is a Newer Version
of
this Section
2021 Utah Code
Title 76 - Utah Criminal Code
Chapter 7 - Offenses Against the Family
Part 1 - Marital Violations
Section 101 - Bigamy -- Penalty -- Defense.
Universal Citation:
UT Code § 76-7-101 (2021)
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on the American Association of Law Libraries Universal Citation Guide and is not
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Effective 5/5/2021
76-7-101. Bigamy -- Penalty -- Defense.
Amended by Chapter 159, 2021 General Session
76-7-101. Bigamy -- Penalty -- Defense.
- (1) An individual is guilty of bigamy if:
- (a) the individual purports to marry another individual; and
- (b) knows or reasonably should know that one or both of the individuals described in Subsection (1)(a) are legally married to another individual.
- (2) An individual who violates Subsection (1) is guilty of an infraction.
- (3) An individual is guilty of a third degree felony if the individual induces bigamy:
- (a) under fraudulent or false pretenses; or
- (b) by threat or coercion.
- (4) An individual is guilty of a second degree felony if the individual:
- (a) cohabitates with another individual with whom the individual is engaged in bigamy as described in Subsection (1); and
- (b) in furtherance of the conduct described in Subsection (4)(a), commits a felony offense, or for Subsection (4)(b)(vii), a misdemeanor offense, in violation of one or more of the following:
- (i)Chapter 5, Part 2, Criminal Homicide;
- (ii)Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling;
- (iii)Chapter 5, Part 4, Sexual Offenses;
- (iv) Section 76-5-109, child abuse -- child abandonment;
- (v) Section 76-5-111, abuse, neglect, or exploitation of a vulnerable adult;
- (vi) Section 76-5-209, child abuse homicide;
- (vii) Section 76-9-702.1, sexual battery;
- (viii) Section 76-7-201, criminal nonsupport;
- (ix)Title 77, Chapter 36, Cohabitant Abuse Procedures Act; or
- (x)Title 78B, Chapter 7, Part 8, Criminal Protective Orders.
- (5) It is a defense to prosecution under Subsection (2) that:
- (a) the individual ceased the practice of bigamy as described in Subsection (1) under reasonable fear of coercion or bodily harm;
- (b) the individual entered the practice of bigamy, as described in Subsection (1), as a minor and ceased the practice of bigamy at any time after the individual entered the practice of bigamy; or
- (c) law enforcement discovers that the individual practices bigamy, as described in Subsection (1), as a result of the individual's efforts to protect the safety and welfare of another individual.
Amended by Chapter 159, 2021 General Session
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