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720 ILCS 5/11-45(a-5) – Marrying a Bigamist

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Posted by Christopher Combs on April 1, 2026

720 ILCS 5/11-45(a-5) – Marrying a Bigamist

This law makes it illegal to marry someone when that person is already married to someone else.

This Illinois law says that it is illegal to marry someone if you know they are already married.

(a-5) Marrying a bigamist. An unmarried person commits this offense if they knowingly marry someone who is already married and would be guilty of bigamy.

(b) It is a defense against being charged with bigamy or marrying a bigamist if any of the following are true:

  1. The earlier marriage was legally ended or ruled invalid.
  2. The person honestly thought their first spouse had died.
  3. The first spouse had been gone for at least five years, and the person did not know the spouse was still alive.
  4. The person reasonably believed the other person was allowed to marry.

(c) Sentence: Bigamy is a Class 4 felony, which is a serious crime. Marrying a bigamist is a Class A misdemeanor, which is less serious but still against the law.

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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