Illinois General Assembly - Illinois Compiled Statutes

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720 ILCS 5/11-45

(720 ILCS 5/11-45) (was 720 ILCS 5/11-12)

Sec. 11-45. Bigamy and Marrying a bigamist.

(a) Bigamy. A person commits bigamy when that person has a husband or wife and subsequently knowingly marries
another.

(a-5) Marrying a bigamist. An unmarried person commits marrying a bigamist when that person knowingly marries another under circumstances known to him or her which would render the other person guilty of bigamy under the laws of this State.

(b) It shall be an affirmative defense to bigamy and marrying a bigamist that:

(1) The prior marriage was dissolved or declared

invalid; or

(2) The accused reasonably believed the prior spouse

to be dead; or

(3) The prior spouse had been continually absent for

a period of 5 years during which time the accused did not know the prior spouse to be alive; or

(4) The accused reasonably believed that he or she or

the person he or she marries was legally eligible to be married.

(c) Sentence.

Bigamy is a Class 4 felony. Marrying a bigamist is a Class A misdemeanor.

(Source: P.A. 96-1551, eff. 7-1-11.)