Family Code · §25.01

Bigamy

Bigamy is covered under §25.01 and tested on the TCOLE peace officer licensing exam. Cadets typically encounter this topic under "Marriage & Divorce" on practice exams.

To prove this offense, the State must establish each of the following elements: Legally married, purports to marry / lives with another, OR; Knows the other is married, marries / lives with; 3rd degree (default); 2nd if other person under 18; 1st if under 17.

Elements you must prove

  • Legally married, purports to marry / lives with another, OR
  • Knows the other is married, marries / lives with
  • 3rd degree (default); 2nd if other person under 18; 1st if under 17

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Worked examples

Worked example 1

Bigamy under Tex. Penal Code §25.01 is what level of offense?

  1. Class B misdemeanor
  2. 3rd degree felony (default); 2nd degree if married to a person under 18; 1st degree if married to a person under 17 Correct
  3. Class C misdemeanor
  4. State jail felony
Why: Bigamy is a 3rd degree felony by default. Enhancements apply for victims under 18 (2nd degree) and under 17 (1st degree).
Statute: Tex. Penal Code §25.01

Statutory definitions for this topic

Bigamy Tex. Penal Code §25.01
Legally married, the actor purports to marry / lives with another, OR knowing the other is married, marries / lives with that person. 3rd degree felony; 2nd degree if other is under 18; 1st degree if other is under 17.