Tennessee § 39-15-301 - Bigamy.

§ 39-15-301. Bigamy.

A person commits bigamy who: Is married and purports to marry or be married to a person other than the person's spouse in this state under circumstances that would, but for the person's existing marriage, constitute a marriage; or Knows that a person other than the person's spouse is married and purports to marry or be married to the person in this state under circumstances that would, but for the person's existing marriage, constitute a marriage. It is a defense to prosecution under subdivision (a)(1) that the person reasonably believed that the person's marriage had been dissolved by death, divorce or annulment. For purposes of determining when prosecution for this offense must begin under § 40-2-101: A violation of this section is a continuing offense; and Nothing in this section shall be construed as limiting the applicability of § 40-2-103. Bigamy is a Class A misdemeanor and, in addition to the authorized term of imprisonment, shall be punishable by a fine not to exceed five thousand dollars ($5,000). Acts 1989, ch. 591, § 1; 2013, ch. 227, §§ 1, 2. Sentencing Commission Comments. This section expands prior law to include all parties regardless of their prior marital status. Subsection (b) provides a defense for those persons who remarry because of a reasonable, though mistaken, belief that their prior marriage has been legally dissolved. This defense greatly expands defenses available under prior law. Compiler's Notes. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation. Cross-References. Disfranchisement on conviction, § 40-20-112 . Penalty for Class A misdemeanor, § 40-35-111 . Remarriage after absence of two years and well founded belief of death, § 36-4-128 . Second marriage after absence for five years, § 36-3-102 . Law Reviews. Tennessee Civil Disabilities: A Systemic Approach (Neil P. Cohen), 41 Tenn. L. Rev. 253 (1974).