Yes. California can charge bigamy as either a felony or a misdemeanor. Penal Code §281 applies when a person who has a living spouse marries or enters a registered domestic partnership with another person, subject to the exceptions in §282. Penal Code §283 allows a fine, up to one year in county jail, or state prison; Penal Code §17 governs whether the case is treated as a felony or misdemeanor. The charge and its final classification depend on the case. (Penal Code §§281, 282, 283, 17.)
The key question is whether a legally operative marriage or registered domestic partnership was followed by a later formal marriage or registered partnership while the first spouse was living. California law applies spousal duties to registered domestic partners. A romantic relationship, living with more than one partner, or being separated does not by itself establish those steps under §281. The statute also addresses an out-of-state second marriage or registration followed by later cohabitation in California. (Penal Code §281; Family Code §297.5(a), (j).)
What to check in a bigamy allegation
| What to check | Why it changes the answer |
|---|---|
| The dates and status of both relationships. Get the first marriage or partnership record and the later marriage or registration record. Check whether the first relationship was still legally in effect on the later date. | Section 281 concerns a person whose spouse is living at the time of the later formal marriage or partnership. A separation or unfinished dissolution does not, by itself, establish that the earlier relationship had ended. |
| A specific §282 exception. | Section 282 covers a former spouse or partner who had been absent for five successive years without the person knowing during that time that they were living; it also covers an earlier marriage or registered partnership pronounced void, annulled, or dissolved by judgment of a competent court. The records and dates matter. (Penal Code §282.) |
| A bona fide and reasonable belief in facts that would have allowed remarriage. | The California Supreme Court recognized this defense in People v. Vogel. The belief must be both genuine and reasonable under the circumstances; a claim that someone said a divorce was finished does not automatically resolve the question. It can turn on the evidence. (People v. Vogel; People v. Palmer.) |
| The exact charge and disposition. Review the complaint, any amended charge, plea terms, and sentencing record. | Section 283 provides alternative punishment: a fine up to $10,000, county jail for up to one year, or state prison. Section 17 supplies the felony/misdemeanor classification rules for an offense punishable by state prison or county jail. A felony is possible, but neither felony treatment nor a particular sentence is automatic. (Penal Code §§283, 17.) |
Confirm the records and effective dates
If the earlier relationship was a registered domestic partnership, do not assume its termination date from the date papers were filed. A qualifying notice of termination is effective six months after filing if it has not been revoked; check the actual filing and effective dates. (Family Code §299(b).)
Before responding to a California bigamy allegation, gather both relationship records, any final judgment or partnership-termination paperwork, evidence about an absent spouse if that exception is raised, and the criminal charging document. The Law Offices of David S. Chesley can discuss the criminal allegation and any proposed plea. Call (800) 755-5174.