What is Texas Penal code 25.01?

Answer 1

25.01. BIGAMY. (a) An individual commits an offense

if:

(1) he is legally married and he:

(A) purports to marry or does marry a person

other than his spouse in this state, or any other state or foreign

country, under circumstances that would, but for the actor's prior

marriage, constitute a marriage; or

(B) lives with a person other than his spouse in

this state under the appearance of being married; or

(2) he knows that a married person other than his

spouse is married and he:

(A) purports to marry or does marry that person

in this state, or any other state or foreign country, under

circumstances that would, but for the person's prior marriage,

constitute a marriage; or

(B) lives with that person in this state under

the appearance of being married.

(b) For purposes of this section, "under the appearance of

being married" means holding out that the parties are married with

cohabitation and an intent to be married by either party.

(c) It is a defense to prosecution under Subsection (a)(1)

that the actor reasonably believed at the time of the commission of

the offense that the actor and the person whom the actor married or

purported to marry or with whom the actor lived under the appearance

of being married were legally eligible to be married because the

actor's prior marriage was void or had been dissolved by death,

divorce, or annulment. For purposes of this subsection, an actor's

belief is reasonable if the belief is substantiated by a certified

copy of a death certificate or other signed document issued by a

court.

(d) For the purposes of this section, the lawful wife or

husband of the actor may testify both for or against the actor

concerning proof of the original marriage.

(e) An offense under this section is a felony of the third

degree, except that if at the time of the commission of the offense,

the person whom the actor marries or purports to marry or with whom

the actor lives under the appearance of being married is:

(1) 16 years of age or older, the offense is a felony

of the second degree; or

(2) younger than 16 years of age, the offense is a

felony of the first degree.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.

Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,

1994; Acts 2005, 79th Leg., ch. 268, § 4.03, eff. Sept. 1, 2005.

Source: law.onecle.com