Believe it or not, there are several California crimes that you can commit by getting married. These include bigamy, incest, and marrying the spouse of another.
1. How does California law define “bigamy”?
Penal Code 281 PC is the California statute that defines the crime of bigamy. This code section makes it illegal to marry one person while you are still married to someone else.1
Bigamy is a “wobbler” in California law. This means that the offense may be prosecuted as either
- a California misdemeanor, with a maximum county jail sentence of one year, or
- a California felony, with a maximum state prison sentence of three years.
2. What is California incest?
Penal Code 285 PC is the statute that makes incest a criminal offense in California.
Under this section, marriage or sexual relations between close relatives is a felony punishable by up to 3 years in jail.2
The family relationships covered by California’s incest law include not only the obvious ones like parent-child and brother-sister, but less obvious ones like half-siblings, uncle-niece, and aunt-nephew as well.
3. What about marrying the husband or wife of another?
Penal Code 284 PC is the California statute that makes it a crime to marry or enter a registered domestic partnership with the spouse of another person. This offense is a felony that carries a penalty of up to 3 years in jail.3
Legal References:
- Penal Code 281 PC.
- California Penal Code 285 PC. See also People v. Karsai (1982) 131 Cal.App.3d 224.
- Penal Code 284 PC.
