Part 2. Bigamy

(1) Any married person who, while still married, marries, enters into a civil union, or cohabits in this state with another person commits bigamy, unless as an affirmative defense it appears that at the time of the cohabitation, subsequent marriage, or subsequent civil union:
(a) The accused reasonably believed the prior spouse to be dead; or
(b) The prior spouse had been continually absent for a period of five years during which time the accused did not know the prior spouse to be alive; or
(c) The accused reasonably believed that he or she was legally eligible to remarry or legally eligible to enter into a civil union.
(1.5) Any person who is a partner in a civil union, while still legally in a civil union, who marries, enters into another civil union, or cohabits in the state with another person other than a current partner in a civil union, commits bigamy, unless as an affirmative defense it appears that at the time of the cohabitation or subsequent marriage or subsequent civil union:
(a) The accused reasonably believed the prior partner to be dead; or
(b) The prior partner had been continually absent for a period of five years during which time the accused did not know the prior partner to be alive; or
(c) The accused reasonably believed that he or she was legally eligible to marry or legally eligible to enter into a civil union.
(2) Bigamy is a class 6 felony.

Any unmarried person who knowingly marries or cohabits with another in this state under circumstances known to him which would render the other person guilty of bigamy under the laws of this state commits marrying a bigamist, which is a class 2 misdemeanor.

As used in sections 18-6-201 and 18-6-202, “cohabitation” means to live together under the representation of being married.