Is Bigamy a Sex Crime in Texas?

by Tad Nelson: Sexual Assault Bigamy Texas: Is Bigamy a Sexual Assault Crime?

In Texas, bigamy is a felony, and it can also affect sexual-assault charges: sexual assault involving someone the actor is prohibited from marrying because of a prior marriage can trigger more serious felony exposure. For defendants, family members, and defense lawyers researching sexual assault bigamy Texas issues, the key question is how a prior marriage creates criminal liability under the Texas Penal Code and when that liability expands beyond the marriage offense itself.

It is common knowledge that you cannot legally be married to more than one person at the same time. Under Texas law, a person’s prior marriage can constitute a legal barrier to any subsequent marriage, and the actor’s prior marriage is central to determining criminal liability for bigamy. Bigamy is more than a civil indiscretion; it is, in fact, a criminal offense under the Texas Penal Code—specifically, this section is a felony and the offense is a felony, classified as a third-degree felony. In some related offenses, such as certain family law violations, the crime may be classified as a state jail felony.

Bigamy involving minors is treated especially severely in Texas. If a married person or actor lives with another individual under the appearance of being married, or attempts to marry someone else who is 17 at the time, the criminal bigamy charge can be elevated from a third- to second-degree felony. Attempted bigamy with someone aged 16 and younger is classified as a first-degree felony, meaning the bigamist could face the potential of life imprisonment.

Bigamy laws apply to a person in this state or a spouse in this state, regardless of whether the marriage or cohabitation occurred in Texas, another state, or a foreign country. Texas law also distinguishes between relatives of the whole or half blood in certain offenses related to marriage and sexual conduct. This discussion also addresses the penalty structure, the link between bigamy and sexual-assault allegations, court treatment of these statutes, and why an early defense strategy matters when sex-crime charges are on the table.

There is an affirmative defense if the actor’s belief was that they were legally eligible to marry, such as when the person’s prior marriage was dissolved or void. This defense can be supported by a certified copy of a death certificate or other signed document issued by a court, substantiating the dissolution of the original marriage.

Introduction to Bigamy Under the Texas Penal Code

Bigamy, as defined by § 25.01 of the Texas Penal Code, occurs when a person who is already legally married enters into another marriage or purports to marry someone else, or lives with another individual under the appearance of being married. The law recognizes not only formal marriages but also situations where a couple presents themselves as married—through cohabitation and shared intent—even if no official ceremony or license exists. This “appearance of being married” can have significant legal consequences, as it extends the reach of bigamy laws beyond traditional marriages to relationships that mimic the legal rights and responsibilities of marriage.

Importantly, bigamy is not limited to marriages performed within Texas. The offense can arise if a person is married in another state or even in a foreign country under circumstances that would constitute a marriage, except for the actor’s prior marriage. This broad definition ensures that individuals cannot evade Texas law by marrying outside the state or country. Understanding bigamy is crucial, especially in the context of sex crimes and sexual assault cases, because a person’s marital status and the appearance of being married can directly impact the classification and severity of related offenses, including serious allegations such as attempted sexual assault charges in Texas. The Texas Penal Code’s approach to bigamy reflects the state’s commitment to upholding the integrity of marriage and protecting individuals from the legal and personal harms that can result from violations of marital commitments.

Classification and Punishment for Third Degree Felony

Under the Texas Penal Code, bigamy is generally classified as a felony of the third degree, reflecting the seriousness with which the state treats violations of marital law. However, the punishment for an offense under this section can escalate depending on the circumstances, particularly the age of the person whom the actor marries or purports to marry. If the individual involved is 17 years of age, the offense is elevated to a second degree felony. In cases where the person is 16 years of age or younger, bigamy becomes a first degree felony, carrying the most severe penalties under Texas law. Prohibited sexual conduct under Section 25.02 includes sexual intercourse or deviate sexual intercourse with certain relatives, including ancestors, descendants, or siblings, regardless of legitimacy. Under the Penal Code, this term means contact between the genitals of one person and the mouth or anus of another with intent to arouse or gratify sexual desire. That offense is generally a felony of the third degree, but it becomes a felony of the second degree when it involves an ancestor or descendant.

This tiered punishment range underscores the state’s intent to deter not only the breach of marital commitments but also to protect minors from sexual exploitation and abuse. In addition to completed offenses, attempted sexual assault charges under Texas law can also expose an accused person to severe felony penalties. Sexual assault is generally a second-degree felony punishable by 2 to 20 years in prison and a fine of up to $10,000. Consent is absent when submission is compelled by force, threat, or coercion, or when the victim is unconscious, physically unable to resist, or intoxicated. The Texas Court of Criminal Appeals has consistently upheld the constitutionality of laws that enhance penalties for sexual assault when the actor is legally married and the alleged victim is someone the actor cannot legally marry, and sexual contact with a child under 17 is treated as sexual assault regardless of the child’s consent. These enhancements are designed to address the heightened risk of sexual abuse and exploitation in situations where the actor’s prior marriage constitutes a barrier to lawful marriage with the victim. Defense attorneys handling sex crimes cases must be well-versed in these complex statutes to effectively advocate for their clients, as the consequences of a conviction can include lengthy prison sentences and lifelong impacts. A conviction for sexual assault generally requires lifetime sex offender registration under Texas law. The classification of bigamy as a third degree, second degree, or first degree felony reflects Texas’s strong stance against both the violation of marital laws and the potential for related sex crimes. Aggravated sexual assault is a first-degree felony punishable by 5 to 99 years or life in prison when the victim is under 14, a weapon is used, or serious bodily injury occurs. A 25-year minimum sentence applies when the victim is under 6, or under 14 with serious injury or threats.

Court Rebuffs Challenge to “Bigamy Enhancement” for Sexual Assault

Separately, Texas law governing sexual assault makes it a first-degree felony when the offense is committed against “a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married” under the bigamy law. In other words, you are subject to additional legal penalties if you are already married and proceed to commit sexual assault against another person that, by definition, you cannot legally marry. Offenses involving interference with a child’s custody or actions by a non-custodial parent can also be prosecuted if they violate a court order or valid order, especially when related to protective orders, family violence, or child support.

The Texas Court of Criminal Appeals recently rejected a constitutional challenge to this particular law. The defendant, who was legally married to another woman, had “sexual intercourse on multiple occasions” with a 14-year-old girl. Prosecutors charged the defendant with sexual assault of a minor–normally a second-degree felony–but invoked the “bigamy enhancement” to elevate the charge to a first-degree felony.

The jury convicted the defendant on five counts of sexual assault, finding as relevant here that he was having sex with a minor he was legally prohibited from marrying. The defendant’s conviction was affirmed by the court. On appeal, the defendant argued the bigamy enhancement was unconstitutional since it treated married and unmarried defendants differently. In other words, if the defendant had not been married at all when he committed the offense, he would have received a less-harsh sentence.

The Court of Criminal Appeals ultimately affirmed the law’s constitutionality. A majority of the Court held the State of Texas “has a legitimate interest in deterring, preventing, and punishing the sexual exploitation of children.” Texas courts have also reasoned that a married offender may exploit a “cloak of trustworthiness,” which supports harsher punishment when marital status helps facilitate the offense. The bigamy enhancement was designed by the Texas legislature to protect children against “sexual predators” who would “use the ‘cloak of marriage’ to gain access to children whose parents might be less cautious in sending their children to homes with married parents.” The law also aims to protect household members and custodial parents from family violence and related offenses, including those involving a deadly weapon.

So the law does not necessarily target bigamous conduct. Rather, it is “rationally related” to a broader scheme to protect children. The criminal procedure in Texas addresses repeated violation of court orders, including protective orders and valid orders related to family violence, child support, and a trafficking case. Certain related offenses, such as enticing a child, may be classified as a class B misdemeanor under Texas law. And on those grounds, the Court of Criminal Appeals affirmed the defendant’s conviction and sentence.

Have You Been Charged With a Sex Crime in League City? Call Us Today

When it comes to sex crimes, Houston-area prosecutors will use every legal tool at their disposal to maximize a defendant’s potential sentence. This is why you need to take all sex crimes allegations seriously. If you need help from a qualified Galveston sex crimes defense attorney, call the Law Offices of Tad Nelson & Associates in Galveston County today at [(281) 280-0100](tel:(281) 280-0100) or contact us online. We are here to assist with your legal needs related to sex crimes, bigamy, or family law.

About the author: Tad A. Nelson, criminal defense attorney

Founding Attorney of The Law Offices of Tad Nelson & Associates

Tad A. Nelson is the founding attorney of The Law Offices of Tad Nelson & Associates, serving clients since 1994. Based in League City and Galveston, Texas, he focuses on criminal defense, family law, and personal injury matters. Mr. Nelson has more than 35 years of legal experience and has been licensed by the State Bar of Texas since 1991. His Houston and Galveston criminal defense practice draws on extensive courtroom experience in complex felony cases. He holds a Juris Doctor from Thomas M. Cooley Law School and a master’s degree in forensic toxicology from the University of Florida, and client testimonials highlight his courtroom advocacy and results.