Nebraska § 28-701 Bigamy; penalty; exception

Nebraska Statutes

§ 28-701 — Bigamy; penalty; exception

Nebraska § 28-701

Ch. 28Crimes and Punishments

This text of Nebraska § 28-701 (Bigamy; penalty; exception) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 28-701 (2026).

Text

(1)If any married person, having a husband or wife living, shall marry any other person, he shall be deemed guilty of bigamy, unless as an affirmative defense it appears that at the time of the subsequent marriage:

(a)The accused reasonably believes that the prior spouse is dead; or

(b)The prior spouse had been continually absent for a period of five years during which the accused did not know the prior spouse to be alive; or

(c)The accused reasonably believed that he was legally eligible to remarry.

(2)Any unmarried person who knowingly marries a person who is married commits bigamy.

(3)Bigamy is a Class I misdemeanor.

Free access — add to your briefcase to read the full text and ask questions with AI

(1) If any married person, having a husband or wife living, shall marry any other person, he shall be deemed guilty of bigamy, unless as an affirmative defense it appears that at the time of the subsequent marriage:
(a) The accused reasonably believes that the prior spouse is dead; or
(b) The prior spouse had been continually absent for a period of five years during which the accused did not know the prior spouse to be alive; or
(c) The accused reasonably believed that he was legally eligible to remarry.
(2) Any unmarried person who knowingly marries a person who is married commits bigamy.
(3) Bigamy is a Class I misdemeanor.

Legislative History

Source: Laws 1977, LB 38, § 140. Annotations: A bigamy prosecution can be based on a voidable marriage. State v. Johnson, 310 Neb. 527, 967 N.W.2d 242 (2021).