1     
MARRIAGE AND BIGAMY AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Deidre M. Henderson

5     
House Sponsor: V. Lowry Snow

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions defining the crime of and penalties associated with
10     bigamy.
11     Highlighted Provisions:
12          This bill:
13          ▸     reclassifies the crime of bigamy as an infraction;
14          ▸     classifies inducing involuntary bigamy as a third degree felony;
15          ▸     modifies the list of crimes that, when committed in conjunction with bigamy, are a
16     second degree felony;
17          ▸     repeals provisions validating certain forms of marriage; and
18          ▸     makes conforming changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          76-7-101, as last amended by Laws of Utah 2017, Chapter 442
26     REPEALS:
27          30-1-2.1, as enacted by Laws of Utah 1963, Chapter 41
28          30-1-2.2, as last amended by Laws of Utah 1995, Chapter 20
29          30-1-2.3, as last amended by Laws of Utah 1995, Chapter 20
30     

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 76-7-101 is amended to read:
33          76-7-101. Bigamy -- Penalty -- Defense.
34          [(1) A person is guilty of bigamy when, knowing the person has a husband or wife or
35     knowing the other person has a husband or wife, the person purports to marry and cohabitates
36     with the other person.]
37          [(2) Bigamy is a third degree felony.]
38          [(3) Bigamy is a second degree felony if the accused is also convicted during the same
39     prosecution of the following:]
40          [(a) inducing marriage or bigamy under false pretenses;]
41          [(b) fraud;]
42          [(c) domestic abuse;]
43          [(d) child abuse;]
44          [(e) sexual abuse;]
45          [(f) human trafficking; or]
46          [(g) human smuggling.]
47          (1) An individual is guilty of bigamy if:
48          (a) the individual purports to marry another individual; and
49          (b) knows or reasonably should know that one or both of the individuals described in
50     Subsection (1)(a) are legally married to another individual.
51          (2) An individual who violates Subsection (1) is guilty of an infraction.
52          (3) An individual is guilty of a third degree felony if the individual induces bigamy:
53          (a) under fraudulent or false pretenses; or
54          (b) by threat or coercion.
55          (4) An individual is guilty of a second degree felony if the individual:
56          (a) cohabitates with another individual with whom the individual is engaged in bigamy
57     as described in Subsection (1); and
58          (b) during or in furtherance of the conduct described in Subsection (4)(a), commits an
59     offense in violation of one or more of the following:
60          (i) Chapter 5, Part 2, Criminal Homicide;
61          (ii) Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling;
62          (iii) Chapter 5, Part 4, Sexual Offenses;
63          (iv) Chapter 8, Part 12, Public Assistance Fraud;
64          (v) Section 76-5-109, child abuse--child abandonment;
65          (vi) Section 76-5-111, abuse, neglect, or exploitation of a vulnerable adult;
66          (vii) Section 76-5-209, child abuse homicide;
67          (viii) Section 76-9-702.1, sexual battery;
68          (ix) Section 76-7-201, criminal nonsupport; or
69          (x) Title 77, Chapter 36, Cohabitatant Abuse Procedures Act, if the offense is a felony.
70          [(4)] (5) It is a defense to bigamy that:
71          [(a) the accused reasonably believed the accused and the other person were legally
72     eligible to marry;]
73          [(b) the accused is a person who, under reasonable fear of coercion or bodily harm, left
74     a bigamous relationship as defined in Subsection (1);]
75          (a) the individual ceased the practice of bigamy as described in Subsection (1) under
76     reasonable fear of coercion or bodily harm;
77          [(c)] (b) the [accused] individual is a minor who [left a bigamous relationship as
78     defined] ceased the practice of bigamy as described in Subsection (1); or
79          [(d)] (c) the [accused] individual has taken steps to protect the safety and welfare of
80     any minor [child of a bigamous relationship] engaged in or likely to become engaged in the
81     practice of bigamy.
82          Section 2. Repealer.
83          This bill repeals:
84          Section 30-1-2.1, Validation of marriage to a person subject to chronic epileptic fits
85     who had not been sterilized.
86          Section 30-1-2.2, Validation of interracial marriages.
87          Section 30-1-2.3, Validation of marriage to a person with acquired immune
88     deficiency syndrome or other sexually transmitted disease.