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PC 281(a) Every person having a husband or wife living, who marries any other person, except in the cases specified in Section 282, is guilty of bigamy.

(b) Upon a trial for bigamy, it is not necessary to prove either of the marriages by the register, certificate, or other record evidence thereof, but the marriages may be proved by evidence which is admissible to prove a marriage in other cases; and when the second marriage took place out of this state, proof of that fact, accompanied with proof of cohabitation thereafter in these states, is sufficient to sustain the charge.

What are the elements necessary to prove a charge of Bigamy?

1.  Defendant has a husband or wife living.

2. Defendant married another person.

Can I go to prison for bigamy?

Yes, the felony sentencing guidelines include a potential state prison sentence of 16, 24, or 36 months, however a person may be sentenced to serve up to one year in county jail with a grant of probation.

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