(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.
Neb. Rev. Stat. § 28-701
Bigamy; penalty; exception
Applied in 2 court decisions — leading case State v. Johnson (2021)
Most recently applied in State v. Johnson (December 2021)
Laws 1977, LB 38, § 140.
Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.