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PUNITIVE ARTICLES

Article 134 – General article

Bigamy

Source: UCMJ

The UCMJ is the derived source of this information.  The information below is for illustration and educational purposes only and may not reflect the most recent changes.  Please refer to your Legal Office or Area Defense Counsel for legal advice.

Text.

See Paragraph 60 (Article 134 - General Article).

Elements.

(1) That the accused had a living lawful spouse;

(2) That while having such spouse the accused wrongfully married another person; and

(3) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.

Explanation. Bigamy is contracting another marriage by one who already has a living lawful spouse. If a prior marriage was void, it will have created no status of “lawful spouse.” However, if it was only avoidable and has not been voided by a competent court, this is no defense. A belief that a prior marriage has been terminated by divorce, death of the other spouse, or otherwise, constitutes a defense only if the belief was reasonable. See R.C.M. 915(j)(1) in the Manual Of Courts Martials (linked to a 3.5M PDF).

Lesser included offense. Article 80—attempts

Maximum punishment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years







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Revised: 10/21/09.