UCMJ Article 134: Bigamy

Bigamy under the UCMJ is marrying another person while having a living lawful spouse, charged as an enumerated offense under Article 134. A void prior marriage creates no “lawful spouse,” and a belief that the first marriage had ended is a defense only if the belief was reasonable. The maximum is a dishonorable discharge, forfeiture of all pay and allowances, and 2 years of confinement.

Living spouse, second marriage, terminal element

The Manual for Courts-Martial (2024 ed.), Part IV, ¶ 93.b:

1. the accused had a living lawful spouse;
2. while having that spouse, the accused wrongfully married another person; and
3. under the circumstances, the conduct was prejudicial to good order and discipline in the armed forces, of a nature to bring discredit upon the armed forces, or both.

The third element comes from the text of 10 U.S.C. § 934, and the government must prove it like the other two.

A lawful first marriage

“Bigamy is contracting another marriage by one who already has a living lawful spouse” (¶ 93.c). Two consequences follow from that definition:

• The first spouse must be alive when the second marriage takes place.
• “If a prior marriage was void, it will have created no status of ‘lawful spouse.'” A second marriage after a void first marriage is not bigamy.

A reasonable belief that the first marriage ended

“A belief that a prior marriage has been terminated by divorce, death of the other spouse, or otherwise, constitutes a mistake of fact defense only if the belief was reasonable” (¶ 93.c, citing R.C.M. 916(j)(1)).

The belief must be both honest and reasonable. An accused who honestly but unreasonably believed a divorce had become final, without any basis that would satisfy a reasonable person, does not have the defense.

Up to 2 years

Under ¶ 93.d, the maximum is a dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years.

Bigamy among the enumerated Article 134 offenses

Bigamy is one of the specific offenses the Manual lists under the general article, with its own elements and maximum. For how the general article works and the other enumerated offenses, see Article 134, the general article. For a commissioned officer, the same conduct could also be charged as conduct unbecoming an officer under Article 133, which reaches dishonorable conduct whether or not it is otherwise criminal.

Sources

• 10 U.S.C. § 934, Article 134, General article (Cornell LII)
• Manual for Courts-Martial, United States (2024 ed.), Part IV, ¶ 93

General information about military law, not legal advice for any individual case.