Chief Sponsor: Michael E. Noel

Senate Sponsor: Kevin T. Van Tassell


8     General Description:
9          This bill modifies the Utah Criminal Code regarding the offense of bigamy.
10     Highlighted Provisions:
11          This bill:
12          ▸     revises the definitions of bigamy and child bigamy.
13     Money Appropriated in this Bill:
14          None
15     Other Special Clauses:
16          None
17     Utah Code Sections Affected:
18     AMENDS:
19          76-7-101, as last amended by Laws of Utah 1997, Chapter 296
20          76-7-101.5, as enacted by Laws of Utah 2003, Chapter 6

22     Be it enacted by the Legislature of the state of Utah:
23          Section 1. Section 76-7-101 is amended to read:
24          76-7-101. Bigamy -- Penalty -- Defense.
25          (1) A person is guilty of bigamy when, knowing [he] the person has a husband or wife
26     or knowing the other person has a husband or wife, the person purports to marry [another
27     person or cohabits with another] and cohabitates with the other person.
28          (2) Bigamy is a third degree felony [of the third degree].
29          (3) Bigamy is a second degree felony if the accused is also convicted during the same

30     prosecution of the following:
31          (a) inducing marriage or bigamy under false pretenses;
32          (b) fraud;
33          (c) domestic abuse;
34          (d) child abuse;
35          (e) sexual abuse;
36          (f) human trafficking; or
37          (g) human smuggling.
38          [(3)] (4) It [shall be] is a defense to bigamy that:
39          (a) the accused reasonably believed [he] the accused and the other person were legally
40     eligible to [remarry.] marry;
41          (b) the accused is a person who, under reasonable fear of coercion or bodily harm, left
42     a bigamous relationship as defined in Subsection (1);
43          (c) the accused is a minor who left a bigamous relationship as defined in Subsection
44     (1); or
45          (d) the accused has taken steps to protect the safety and welfare of any minor child of a
46     bigamous relationship.
47          Section 2. Section 76-7-101.5 is amended to read:
48          76-7-101.5. Child bigamy -- Penalty.
49          (1) An actor 18 years of age or older is guilty of child bigamy when, knowing he or she
50     has a wife or husband, or knowing that a person under 18 years of age has a wife or husband,
51     the actor carries out the following with the person who is under 18 years of age:
52          (a) purports to marry the person who is under 18 years of age; [or] and
53          (b) [cohabits] cohabitates with the person who is under 18 years of age.
54          (2) A violation of Subsection (1) is a second degree felony.