Is Bigamy a Felony in Texas? Levels, Penalties, and Defenses

Yes, bigamy is a felony in Texas. Under Section 25.01 of the Texas Penal Code, marrying or living with a second person while you remain legally married to someone else is at minimum a third-degree felony, carrying 2 to 10 years in prison and a fine of up to $10,000. The charge rises to a second- or first-degree felony if the other person is a minor, and the second marriage is automatically void under Texas family law.¹

What Counts as Bigamy Under Texas Law

Texas defines the offense more broadly than most people assume. You commit bigamy if you are legally married and you either go through a marriage ceremony with another person or live with another person under the appearance of being married. The statute reaches ceremonies performed in Texas, in another state, or in a foreign country.¹

The cohabitation branch catches people off guard. No license, no ceremony, no paperwork is needed. If you and another person live together and present yourselves to others as married while you still have an undissolved marriage, that is bigamy. The statute requires both cohabitation and an intent, by at least one party, to be married.²

The law reaches the other person as well. Knowingly marrying or cohabitating with someone you know is already married can bring the same charge.¹

The Three Felony Levels and Their Penalties

The degree of the felony turns on the age of the second spouse at the time of the offense.

Third-degree felony (default). 2 to 10 years in prison and a fine of up to $10,000. Applies when the other person is 18 or older.¹
Second-degree felony. 2 to 20 years in prison and a fine of up to $10,000. Applies when the other person is 17.¹
First-degree felony. 5 to 99 years or life in prison and a fine of up to $10,000. Applies when the other person is 16 or younger.¹

The Statutory Defense

Texas recognizes one defense built into the statute: a reasonable belief that you were legally free to marry. That means a genuine, reasonable belief that your prior marriage had ended through death, divorce, or annulment, or that it was void from the start. The statute sets a specific evidentiary bar for what counts as reasonable. The belief needs to be backed by documentation such as a certified death certificate or a signed court order.¹

Good-faith mistakes do happen. Someone may believe an overseas divorce finalized when it did not, or assume a long-absent spouse had died. Without documentary proof, the defense is much harder to raise. Verbal assurances from a former spouse that “the divorce went through” will not meet the standard.

One procedural point to know: a lawful spouse may testify for or against the accused in a bigamy case, which is an exception to the general spousal privilege rules.²

How Long Prosecutors Have to File

Texas gives prosecutors seven years from the date of the offense to bring a bigamy charge. When the case involves a minor, the window extends to 10 years after the minor’s 18th birthday. Because bigamy is treated as an ongoing situation rather than a single event, the limitations clock may not start running until the bigamous relationship actually ends, which can push the deadline well past what most people expect.

What Happens to the Second Marriage

The civil side matters as much as the criminal side. Under the Texas Family Code, any marriage entered into while either party has a prior, undissolved marriage is void from the start.³

A void marriage is not the same as one that needs a divorce. In legal terms, it never existed. A spouse who unknowingly married a bigamist can file suit to have the court formally declare the marriage void. A declaration is not strictly required, since the marriage was never valid, but having one on the record protects your marital status for later property, insurance, or remarriage questions.

Texas also has an unusual rule that can validate the second marriage after the fact. If the prior marriage is dissolved and the couple continues living together and holding themselves out as married after that dissolution, the later marriage can become valid. A spouse who did not know about the bigamy can stop that from happening by filing suit to have the marriage declared void within 30 days of discovering the prior marriage. The window is 90 days for active-duty military members deployed overseas.³

Collateral Consequences of a Felony Conviction

Because bigamy is charged as a felony, a conviction brings the standard felony consequences in Texas. You lose the right to possess firearms under state and federal law. You lose the right to vote while incarcerated, on parole, or on probation. You become ineligible for certain professional licenses and many government jobs. These effects apply even at the third-degree level and often outlast the sentence itself.

A conviction can also shape family court outcomes. Texas courts weigh criminal history when deciding a child’s best interest, and a bigamy conviction raises honesty and judgment questions that can influence conservatorship decisions.

For non-citizens, the exposure is sharper. Naturalization requires “good moral character” for a statutory period, and the N-400 asks directly whether the applicant has ever been married to more than one person at the same time. Even without a conviction, admitting to intentional bigamy can lead to denial of a citizenship application and potentially trigger removal proceedings. A person in that position may need to wait at least five years after the bigamous relationship ends for the good moral character period to restart, and a green card originally obtained through a bigamous marriage brings further complications that time alone may not cure. Unintentional bigamy is treated more leniently when the person promptly dissolves the later marriage after discovering the problem.

1
State of Texas. Texas Penal Code Section 25.01 (2025) – Bigamy
2
State of Texas. Texas Penal Code 25.01 – Bigamy
3
State of Texas. Texas Family Code Section 6.202 (2025) – Marriage During Existence of Prior Marriage