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720 ILCS 5/11-45(a) – Bigamy

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Posted by Christopher Combs on April 1, 2026

720 ILCS 5/11-45(a) – Bigamy

This law makes it illegal to be married to one person and then knowingly marry someone else.

This Illinois law says that a person who is already married cannot knowingly marry another person. It also explains certain legal defenses and the types of punishment if someone commits bigamy.

(a) Bigamy. A person breaks this law if they are already legally married to someone and then knowingly marry another person.

(b) It can be a defense against being charged with bigamy if any of the following are true:

  1. The earlier marriage ended or was legally declared invalid.
  2. The person honestly believed their previous spouse had died.
  3. The previous spouse had been gone for at least 5 years, and the person did not know they were still alive during that time.
  4. The person reasonably believed they were allowed to marry.

(c) Sentence: Bigamy is punished as a Class 4 felony.

View the full statute here.

Contact us online or call (314) 900-HELP to talk with a Southern Illinois criminal defense lawyer.

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