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22-22A-1Bigamy--Exceptions--Felony.

Any person who, while married to another presently living person, marries any other person, is guilty of bigamy. The provisions of this section do not apply to:

(1)    Any person, if that person's husband or wife has been absent for five successive years and is not known to be living by such person;

(2)    Any person, if that person's husband or wife has absented himself or herself from such spouse by being outside the United States, continuously for at least five years;

(3)    Any person, if that person's marriage has been pronounced void, annulled, or dissolved by a competent court; or

(4)    Any person, presently married, who believes, in good faith, and has reason to believe, that the marriage has been pronounced void, annulled, or dissolved by a competent court.

Bigamy is a Class 6 felony.

Source: SDC 1939, § 13.1713; SL 1976, ch 158, § 22-6; SL 2000, ch 104, § 1; SDCL, § 22-22-15; SL 2005, ch 120, §§ 19, 23.


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