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Bigamy, as defined under Minnesota Statute § 609.355, is the criminal act of entering into a marriage ceremony with one person while still legally married to another living person, or marrying someone with the knowledge that they are already legally married to someone else. This law reflects the legal principle that marriage is a union between two individuals at a time, and entering into multiple simultaneous marriages knowingly is prohibited. Minnesota law outlines specific circumstances under which this act constitutes a felony, focusing on the location of the subsequent marriage ceremony and the knowledge possessed by the individuals involved regarding the pre-existing, undissolved marriage.
The statute addresses three primary scenarios constituting bigamy. First, it prohibits a person who knows they have a prior, valid marriage that hasn’t ended (through death, divorce, or annulment) from contracting a new marriage within Minnesota. Second, it prohibits marrying someone in Minnesota while knowing that the person they are marrying is already legally married to someone else. Third, it covers situations where individuals, knowing one or both parties are already married, get married outside of Minnesota and then move to Minnesota and live together as if married (cohabit). A conviction for bigamy is a serious felony offense, carrying potential imprisonment and significant fines, alongside other lasting consequences.
Minnesota Statute § 609.355 is located within Chapter 609 of the state’s statutes, which encompasses the Minnesota Criminal Code. This section specifically defines the crime of bigamy, outlines the different actions that constitute the offense, includes a definition for “cohabit” as used in one part of the statute, and specifies the felony-level penalties associated with a conviction.
609.355 BIGAMY.
Subdivision 1. Definition. In this section “cohabit” means to live together under the representation or appearance of being married.
Subd. 2. Acts constituting. Whoever does any of the following is guilty of bigamy and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both:
(1) knowingly having a prior marriage that is not dissolved, contracts a marriage in this state; or
(2) contracts a marriage with another in this state with knowledge that the prior marriage of the other is not dissolved; or
(3) marries another outside this state with knowledge that either of them has a prior marriage that has not been dissolved, and then cohabits with the other in this state.
To obtain a conviction for Bigamy under Minnesota Statute § 609.355, the prosecution must prove beyond a reasonable doubt all the necessary factual and mental state components, known as elements, for one of the specific clauses outlined in Subdivision 2. Each clause describes a distinct way the crime can be committed, involving factors like the defendant’s marital status, the other person’s status, the defendant’s knowledge, where the subsequent marriage occurred, and whether cohabitation in Minnesota followed an out-of-state marriage. Failure to prove any single required element for the specific clause charged means the defendant cannot be found guilty.
Bigamy is treated as a serious offense in Minnesota, classified as a felony under § 609.355, Subd. 2. This classification reflects the legal significance placed on the institution of marriage and the prohibition against fraudulent marital contracts. A conviction for knowingly entering into a bigamous marriage carries substantial potential penalties, including incarceration, significant fines, and the lasting stigma and collateral consequences associated with any felony conviction on an individual’s record.
The core idea behind Minnesota’s bigamy law, § 609.355, is simple: the law recognizes marriage as a union between two people, and knowingly being married to more than one person simultaneously is illegal. The statute aims to prevent the deception and legal chaos that can arise from multiple purported marriages involving the same individual. It addresses situations where someone tries to form a new legal marriage contract while a previous one is still legally in effect, or assists someone else in doing so, knowing the situation.
The law covers different scenarios. The most straightforward is someone getting married again in Minnesota while knowing their first spouse is alive and the marriage hasn’t been legally ended by divorce or annulment. It also covers the person who marries someone in Minnesota knowing that person is still married. Finally, it prevents people from simply going to another state to get married bigamously and then returning to Minnesota to live as a married couple; if they do that knowingly and then “cohabit” (live together appearing married) in Minnesota, they can still be prosecuted here. A key thread in all scenarios is “knowledge” – the law targets intentional bigamy, not necessarily situations where someone honestly and reasonably believed a prior marriage was dissolved.
John is legally married to Susan, but they have been separated for years without formally divorcing. John moves from their home state to Minnesota and meets Carol. Without telling Carol about Susan or the undissolved marriage, John obtains a Minnesota marriage license and marries Carol in a ceremony in Minneapolis. John knows his marriage to Susan is still legally valid.
John’s actions likely constitute bigamy under § 609.355, Subd. 2(1). He had a prior marriage that was not dissolved, he knowingly contracted a subsequent marriage, and he did so within the state of Minnesota. His knowledge of the existing, undissolved marriage while entering the new one is the critical element making this a potential felony.
Mary knows her coworker, David, is still legally married to his wife, Jane, although they are estranged. David tells Mary he doesn’t want to wait for the divorce to finalize. Knowing David is still married to Jane, Mary agrees to marry David, and they hold a wedding ceremony in Duluth, Minnesota.
Mary could potentially be charged with bigamy under § 609.355, Subd. 2(2). She contracted a marriage in Minnesota with David, and she did so with the knowledge that David’s prior marriage to Jane was not dissolved. Her awareness of David’s marital status at the time of their Minnesota wedding ceremony is the key factor for her potential liability.
Robert, who is legally married to someone in Texas, meets Linda. They decide to get married quickly and travel to Nevada for a wedding ceremony, both knowing Robert’s Texas marriage is still valid. Shortly after the Nevada wedding, Robert and Linda move to Rochester, Minnesota, rent an apartment together, introduce themselves as husband and wife, and file joint documents representing themselves as married.
Robert’s actions (and potentially Linda’s, if she also knew Robert was married) could constitute bigamy under § 609.355, Subd. 2(3). They married outside Minnesota (Nevada) with knowledge that one party (Robert) had a prior undissolved marriage. Crucially, they then cohabited in Minnesota, living together under the appearance of being married. This cohabitation in Minnesota after the knowing out-of-state bigamous marriage triggers potential prosecution here.
Sarah separated from her husband, Tom, and Tom handled the divorce filing. Tom later told Sarah the divorce was final and even showed her some preliminary paperwork. Believing she was legally divorced, Sarah remarried in St. Paul, Minnesota. Later, it is discovered that due to an error by Tom’s lawyer, the final divorce decree was never actually entered by the court, meaning Sarah was technically still married to Tom when she remarried.
In this scenario, Sarah likely has a strong defense against a bigamy charge under § 609.355, Subd. 2(1). While she had a prior undissolved marriage and contracted a new marriage in Minnesota, she may be able to demonstrate she lacked the required element of “knowledge.” If she genuinely and reasonably believed, based on Tom’s representations and the paperwork she saw, that the divorce was final, she did not knowingly enter a bigamous marriage. Proving this lack of knowledge would be key to her defense.
While bigamy charges under § 609.355 may not be exceptionally common, they carry the weight of a felony conviction. Defending against such allegations requires a careful examination of the specific facts and the prosecution’s ability to prove each required element beyond a reasonable doubt. The defense often centers on challenging the prosecution’s evidence regarding the validity or dissolution status of the alleged prior marriage, or, critically, disputing the defendant’s knowledge of that status at the time the subsequent marriage was contracted or the cohabitation in Minnesota began.
Because “knowledge” is a key element in all clauses of the bigamy statute, defenses frequently revolve around demonstrating that the defendant did not possess the requisite awareness. This could involve showing a genuine and reasonable mistake of fact, such as a justifiable belief that a prior divorce was finalized or that a prior spouse had passed away. Other potential defenses might involve challenging the legal validity of the alleged prior marriage itself, arguing that it was void from the start and therefore did not need dissolution, or contesting whether the elements of contracting a marriage or cohabitation actually occurred as alleged. An attorney experienced in criminal defense will explore all factual and legal angles.
This defense directly attacks the mental state element required by the statute, arguing the defendant did not act “knowingly” or “with knowledge.”
This defense challenges the prosecution’s foundational assertion that there was a legally valid, undissolved prior marriage in the first place.
This defense challenges the actus reus (the criminal act) element of the charge.
These defenses focus on the defendant’s state of mind or voluntariness at the time of the alleged bigamous act.
Bigamy is the act of marrying one person while still being legally married to another living person whose marriage has not been dissolved, or marrying someone you know is already legally married to someone else.
Yes, Minnesota Statute § 609.355 makes knowingly entering into a bigamous marriage a felony offense.
It means the person must have been aware of the existing prior marriage and aware that it had not been legally terminated (by death, divorce, or annulment) at the time they entered the subsequent marriage. Accidental bigamy based on a reasonable mistake might not meet this element.
If you had a genuine and reasonable belief that your divorce was final (e.g., based on information from your lawyer, court documents you received, assurances from your ex-spouse), you may have a defense based on lack of knowledge. Proving the reasonableness of your belief is key.
No, Minnesota does not permit the formation of common-law marriages within its borders. However, Minnesota generally recognizes valid common-law marriages legally established in other states that do allow them. The validity of such an out-of-state common-law marriage could be relevant if it’s the alleged “prior undissolved marriage” in a bigamy case.
As defined in § 609.355, Subd. 1, “cohabit” means to live together under the representation or appearance of being married. This is only relevant for charges under Clause 3, involving an out-of-state bigamous marriage followed by living together as spouses in Minnesota.
If you genuinely did not know your new spouse was still married because they lied to you, you likely lack the required “knowledge” element to be guilty under § 609.355, Subd. 2(2). However, the other person (who knew they were still married) could potentially be charged under Subd. 2(1).
Bigamy is a felony punishable by up to five years in prison and/or a fine of up to $10,000.
No. A bigamous marriage is legally void from the beginning under Minnesota law, meaning it is treated as if it never existed legally. It confers none of the legal rights or obligations of a valid marriage.
No. Legal separation does not legally dissolve a marriage. Only a final divorce decree, annulment, or the death of a spouse terminates a marriage legally. A person who is legally separated is still considered married.
A divorce legally terminates a valid existing marriage. An annulment declares that a marriage was never legally valid from its inception due to some defect present at the time it was contracted (e.g., fraud, duress, incest, prior bigamy).
Absolutely. Bigamy is a serious felony charge with significant potential penalties and lifelong consequences. An attorney can analyze the complex legal and factual issues, investigate the status of prior marriages, challenge the prosecution’s evidence, and assert all available defenses.
Generally, no. While the First Amendment protects religious freedom, it typically does not excuse individuals from complying with neutral criminal laws of general applicability, such as laws prohibiting bigamy. Claims of religious justification are usually not recognized as a legal defense.
The death of the first spouse after the bigamous second marriage does not cure the bigamy that already occurred. The crime is committed at the time the second marriage is contracted (or cohabitation begins under Clause 3) with knowledge of the existing prior marriage. However, the first spouse’s subsequent death would prevent future bigamy with that specific prior marriage.
Yes, criminal offenses generally have statutes of limitations – time limits within which prosecution must begin. For most felonies in Minnesota, including likely bigamy, the statute of limitations is typically three years from the date the offense was committed (Minn. Stat. § 628.26). However, specific circumstances can sometimes extend this period.
A conviction for bigamy under Minnesota Statute § 609.355, being a felony offense, carries significant and enduring consequences that can impact an individual long after any court-imposed sentence is served. These collateral consequences stem from the felony record itself and the nature of the offense involving marital deception.
A felony bigamy conviction creates a permanent criminal record that can significantly hinder future opportunities. Routine background checks for employment, housing rentals, professional licenses (like teaching, nursing, law), and even volunteer positions can reveal the conviction. Many employers and landlords have policies against hiring or renting to individuals with felony records, especially those seen as involving dishonesty. This can create long-term barriers to financial stability and finding suitable housing, severely limiting life choices.
A bigamy conviction serves as legal confirmation that the second (bigamous) marriage was void from its inception. This legal nullity has profound implications for matters typically governed by family law. There are no marital property rights acquired through the void marriage, issues of spousal support (alimony) do not apply, and inheritance rights as a spouse are non-existent. While issues concerning children born during the relationship would be addressed based on parentage, the lack of a valid marriage fundamentally alters the legal landscape concerning division of assets, debts, and benefits accumulated during the purported marriage, potentially leading to complex civil disputes.
As with most felony convictions in Minnesota, a bigamy conviction results in the loss of certain fundamental civil rights. This includes the lifetime prohibition on possessing firearms or ammunition under state and federal law. The right to vote is suspended while incarcerated or under supervision for the felony, although it is automatically restored upon completion of the sentence. Furthermore, a felony conviction typically bars an individual from serving on a jury or holding public office, further limiting civic participation.
Beyond the formal legal and civil consequences, a bigamy conviction carries considerable social stigma. The offense implies deception and a violation of the trust inherent in marital relationships. This can lead to damaged relationships with both the legal spouse and the partner in the void marriage, as well as with family members, friends, and the broader community. Rebuilding trust and reputation after such a conviction can be an arduous, lifelong process, potentially leading to social isolation and impacting personal well-being. The conviction may also be grounds for divorce by the legal spouse.
A crucial aspect of defending against bigamy charges involves thoroughly investigating the alleged prior marriage. This often requires more than simply taking someone’s word for it. An attorney undertakes the task of locating and obtaining official records, which may originate from various states or even countries. This includes searching for marriage certificates to confirm the prior marriage’s existence and legal validity, as well as diligently seeking divorce decrees, annulment orders, or death certificates that would prove the prior marriage was legally dissolved before the subsequent marriage occurred. Establishing the true legal status of the prior marriage is fundamental to assessing the viability of a bigamy charge.
Since bigamy under § 609.355 requires proof that the defendant acted “knowingly” or “with knowledge” of the undissolved prior marriage, a significant part of the defense often involves challenging this mental state element. An attorney works with the client to understand their state of mind and beliefs at the time of the second marriage. They gather evidence – communications, documents, witness testimony – that might demonstrate the client had a genuine and, importantly, reasonable basis to believe the prior marriage was terminated. Effectively presenting evidence of a reasonable mistake of fact regarding dissolution can create the reasonable doubt necessary to defeat the prosecution’s claim of knowing misconduct.
Bigamy cases sit at the intersection of criminal law and family law. Defending these charges requires an understanding not only of criminal procedure and elements but also of the intricacies of marriage validity, divorce law, annulment standards, and potentially conflict-of-laws principles (which jurisdiction’s law governs marriage validity?). An attorney navigates these complexities, analyzing whether the prior marriage met the legal standards where it occurred, whether any purported dissolution was legally effective, and how these family law concepts impact the elements the prosecution must prove under the criminal bigamy statute, § 609.355.
Based on the strength of the evidence regarding the prior marriage and the defendant’s knowledge, an attorney advises the client on the best course of action. This might involve negotiating with the prosecutor to seek a dismissal if evidence of dissolution or lack of knowledge is strong, or potentially pleading to a less serious offense if conviction seems likely. If the case proceeds to trial, the attorney develops a strategy focused on raising reasonable doubt about one or more essential elements – presenting evidence of the defendant’s belief in dissolution, challenging the validity of the prior marriage, or contesting other factual elements like cohabitation where applicable – to vigorously defend the client against the felony charge.
