Whats Getting Married Again While Married Cal
Under NRS 201.170, information technology is a Nevada offense for someone to marry someone else he/she knows is already married. But our Las Vegas criminal defense attorneys may be able to persuade the D.A. to reduce or dismiss the charges completely.
Definition
It is against Nevada constabulary for an unmarried person to marry someone who currently has a husband or wife. These types of marriages are considered bigamist and therefore void under Nevada law. Bigamist marriages accept no upshot on the validity of the previous, legal marriage.
Defenses
Three mutual defenses to Nevada charges of marrying the husband or wife of another are:
- The beginning union is over;
- The first matrimony is void; or
- The defendant had no cognition of the first marriage.
Penalties
Marrying a person who is already a spouse is a category D felony in Nevada, which carries a maximum of:
- four years in Nevada State Prison house, and
- $five,000 in fines
Go along reading for a detailed give-and-take by our Las Vegas criminal defense attorneys of the Nevada crime of marrying a married person.
Knowingly inbound a bigamist union is confronting Nevada law.
Legal Analysis
Plural marriages have been effectively prohibited in the U.S. since 1878.1 Similarly to other states, Nevada criminalizes bigamy, which is the condition of knowingly being married to more than one person simultaneously.2 Nevada police force too prohibits the flip-side of the Nevada crime of bigamy, making it a crime for united nationsmarried people to knowingly marry a married person.3
Note that marrying a married person is simply a crime if the person had knowledge that the other person already had a spouse. North Las Vegas criminal defense chaser Michael Becker gives an example:
Example: Gloria is dragging out her divorce from Kevin, who is broken-hearted to marry Sue. Too impatient to await any longer, Kevin lies to Sue that everything is final and they get married in Las Vegas. Gloria finds out and tells the Las Vegas Metropolitan Police force, who then arrest and book Kevin and Sue at the Clark County Detention Center for bigamy and marrying the spouse of another.
In the above case, Kevin is clearly guilty of bigamy since he married Sue while knowing he was notwithstanding married to Gloria. But Sue should not be convicted of whatsoever crime in Nevada because she married Kevin nether the belief that he had gotten a divorce.
It is non a criminal offense in Nevada to marry a married person if he/she had no idea the other person was already married.
To summarize, the only people unmarried people who may legally marry in Nevada are other unmarried people. A married person remains married unless it is concluded past divorce, annulment, or decease. Also note that Nevada recognizes marriages made in other countries and mutual police marriages. If a person marries a married person, that bigamist spousal relationship is automatically void and the first marriage remains valid.
Fighting the Charges
The best style to defend against Nevada charges of marrying the spouse of another turns on the circumstances of the case. Three typical defense strategies are:
- Commencement marriage is over. Adults are free to marry in Nevada every bit long as any previous marriages accept ended past divorce, an annulment, or the spouse'southward decease. If the defendant tin produce divorce papers, annulment papers, or a expiry certificate that shows his/her spouse was single when they become married, the charges for NRS 201.170 should be dropped.
- First union was never valid. Likewise, adults are free to ally in Nevada if whatever previous marriages were void. If the defendant can show that his/her spouse's previous union was never legal to brainstorm with, criminal charges should non stand. (Just note that the spouse may face criminal charges for the void marriage if it involved the Nevada crime of incest or the Nevada crime of bigamy. four )
- Lack of cognition.The almost common defence to Nevada charges of marrying another's spouse is that the defendant did non know that his/her spouse was already married. Perhaps the spouse genuinely idea he/she was divorced but the legal work hadn't gone through. Maybe the spouse tricked the accused by lying nearly his/her single condition. Either way, if the prosecutor cannot testify across a reasonable doubt that the accused intentionally entered into the bigamist marriage, the case should be dismissed. North Las Vegas criminal defense attorney Neil Shouse gives an case:
It is a defense to Nevada charges of marrying a married person if the previous marriage was void or has ended.
Example: Tom leaves his married woman Kai and moves to Henderson. In that location Tom meets Laila, who has no idea he is still married to Kai. Tom and Laila marry, and word gets back to Kai. Kai calls the constabulary, who book Tom and Laila at the Henderson Detention Centre. Tom gets charged with bigamy, and Laila gets charged with marrying the spouse of some other. Tommy could get convicted of bigamy since he knowingly married Laila while all the same married. Just Laila committed no crime considering she had no knowledge of Tom's electric current spousal relationship.
Note that in the higher up example, Tom and Laila'due south spousal relationship remains void fifty-fifty if both Tom's and Laila'due south charges get dropped. If Tom always does formally divorce Kai, he and Laila would need to become married once more for it to exist legal.
Also note that Nevada constabulary only punishes people for marrying married people if they knew when they exchanged vows that their spouse was already married. Finding out after the fact does not violate NRS 201.170. Though continuing to behave equally though a bigamist spousal relationship is legitimate could make one vulnerable to other charges such as fraud.
Marrying a married person in Nevada carries up to 4 years in prison and possibly a $5,000 fine.
Penalties
Marrying the hubby or wife of another person is prosecuted as a felony in Nevada. The sentence includes a penalty of:
- 1 to four years in Nevada State Prison, and
- mayhap upwards to $v,000 in fines
In add-on, parties to a bigamist wedlock are vulnerable to civil prosecution for such cause of action as fraud and emotional distress.
Arrested? Telephone call…
If yous accept been charged with "marrying the husband or wife of another person" in Nevada, phone our Las Vegas criminal defense lawyers for a FREE consultation. We may be able to resolve your case favorably while fugitive trial.
For more on California laws for marrying the spouse of another, read our article on California laws for marrying the spouse of another.
Legal References:
i Reynolds five. U.S., 98 U.South. 145 (1878).
2 NRS 201.160 Bigamy: Definition; penalty.
1. Bigamy consists in the having of two wives or two husbands at one time, knowing that the former husband or wife is still alive.
2. If a married person marries whatever other person while the former husband or wife is alive, the person so offending is guilty of a category D felony and shall be punished as provided in NRS 193.130.
three. Information technology is not necessary to prove either of the marriages by the register and certificate thereof, or other record evidence, just those marriages may be proved by such evidence as is open-door to prove a union in other cases, and when the second marriage has taken place without this Country, cohabitation in this State after the 2nd marriage constitutes the commission of the offense of bigamy.
iv. This section does not extend:
(a) To a person whose hubby or wife has been continually absent from that person for the space of five years before the 2d union, if he or she did not know the husband or married woman to exist living inside that time.
(b) To a person who is, at the fourth dimension of the second marriage, divorced by lawful authority from the bonds of the sometime marriage, or to a person where the former spousal relationship has been by lawful authority declared void.
3 NRS 201.170 Marrying person already married; penalty.
If a person, beingness unmarried, knowingly marries the husband or wife of another, that person is guilty of a category D felony and shall be punished equally provided in NRS 193.130.
4 NRS 201.180 Incest: Definition; punishment. Persons being within the degree of consanguinity within which marriages are declared by law to be incestuous and void who intermarry with each other or who commit fornication or adultery with each other shall be punished for a category A felony by imprisonment in the state prison for a minimum term of not less than ii years and a maximum term of life with the possibility of parole, and may be further punished by a fine of not more than $10,000.
Source: https://www.shouselaw.com/nv/defense/nrs/201-170-marrying-person-already-married/
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