Understanding Bigamy Laws in Oklahoma
A woman got married to a married man. Will she be prosecuted? I’m Tulsa attorney James Wirth. That’s the question that we have. The question we have is exactly like this. Sir, please talk about bigamy in Oklahoma.
A woman got married to a married man. Will she be prosecuted for that crime, or will only he be prosecuted? All right, so we’ve got statutes on this. They’re pretty clear-cut and laid out. It is Title 21, Section 881, 882, 883, and 884.
The Crime of Bigamy Explained
Section 881 addresses the crime of bigamy. It states that every person who, having been married to another who remains living, marries any other person, except in the cases specified in the next section, is guilty of bigamy. This means that anyone who marries another person while already married is guilty of bigamy unless it falls into one of the specific exceptions.
So, what are the exceptions? The first exception is if your spouse has been successively absent for five years without you knowing him or her to be living. If you haven’t seen them in five years and haven’t seen any evidence that they’re alive, that can be a defense to this. The second exception is if the person has absented themselves for five years from the United States, which can also be a defense.
Exceptions to Bigamy Charges
The third exception is if the marriage has been annulled, pronounced void, or dissolved. If someone has been divorced or has had their marriage annulled, that doesn’t count as bigamy. The fourth exception is if the person has been sentenced to life imprisonment. Under any of these circumstances, it would still be my recommendation to go ahead and file for divorce to ensure you don’t have to worry about any of this.
Now that we’ve covered the exceptions, we understand bigamy is a crime. The offense is a felony punishable by imprisonment in the state penitentiary for up to five years. That brings us to Title 21, Section 884, which addresses the crux of the question regarding the prosecution of a woman who married a married man.
Can Both Parties Be Prosecuted?
Section 884 clarifies that any person who knowingly marries the spouse of another, in any case where such spouse could be punishable, is guilty of felony bigamy. They can be sentenced to up to five years in the penitentiary, up to one year in county jail, and/or a fine not exceeding $500. Therefore, both parties can be punished if the person marrying someone else who is married knows about the existing marriage.
Despite the clear state law, we rarely see these cases prosecuted, either for the person who was married or for the other person. While the Oklahoma statute is explicit, there may be constitutional arguments for the person not involved in the marriage. However, these cases are not prosecuted frequently enough to challenge such arguments.
Need Legal Advice? Contact Us Today
If you’ve got a question related to law in the state of Oklahoma, it’s crucial to speak with an attorney privately and confidentially about your specific circumstances to receive actionable legal advice. To schedule a strategy session with an experienced family law attorney at my office, you can go online to MakeLawEasy.com or call us at 918-879-1681. Let us help you navigate your legal challenges effectively.
