Person marrying when husband or wife is living; penalty; venue (§ 18.2-362)—Virginia Decoded

Person marrying when husband or wife is living; penalty; venue

If any person, being married, shall, during the life of the husband or wife, marry another person in this Commonwealth, or if the marriage with such other person take place out of the Commonwealth, shall thereafter cohabit with such other person in this Commonwealth, he or she shall be guilty of a Class 4 felony. Venue for a violation of this section may be in the county or city where the subsequent marriage occurred or where the parties to the subsequent marriage cohabited.

History

Code 1950, § 20-41; 1975, cc. 14, 15; 2003, c. 99.

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Court Decisions

Stuart v. Com. (COA, 10/23/90)
. . . violation of both Code § 18.2-362 and Code § 20-38.1. While the felony, Code § 18.2-362, applies . . .

Freeman v. Com. (SCV, 03/12/82)
. . . the purposes of this article and article 4 (§ 18.2-362 et seq.) of this chapter, the term . . .

Cole v. Com. (COA, 08/02/11)
. . . under Code § 18.2-362. See Appellant's Br. at 4. With respect to bigamy, Code § 18.2-362 makes . . .

Foster v. Com. (COA, 05/17/88)
. . . the purposes of this article and Article 4 (§ 18.2-362 et seq.) of this chapter, the term . . .

Hager v. Hager (COA, 11/05/86)
. . . may be subject to criminal prosecution. Code | 18.2-362. Therefore, the South Carolina marriage . . .

Frantz v. Com. (COA, 01/30/90)
. . . the purposes of this article and Article 4 (§ 18.2-362 et seq.) of this chapter, the term . . .

Johnson v. Com. (COA, 05/20/03)
. . . .) or family offenses pursuant to Article 4 (§ 18.2-362 et seq.) of Chapter 8 of Title 18.2, or . . .

Larwan Badru Bonner v. Commonwealth of Virginia (COA, 07/23/13)
. . . 18.2-118, 18.2-178, 18.2-186, 18.2-326, 18.2-359, 18.2-362. In the absence of such a . . .

Couch v. Jabe (District Court, W.D. Virginia, 09/01/10)
. . . (Va.Code § 18.2-365),[9] polygamy (Va. Code § 18.2-362),[10] sexual abuse,[11] and . . .

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Amendment Attempts

HB826: Bigamy; penalty. (failed)

HB412: Marriage-related criminal laws; gender-neutral terms, adultery repeal, penalty. (failed)

HB1701: Gender-neutral terms; assisted conception, prohibitions on same-sex marriage and civil unions, etc. (failed)

HB623: Gender-neutral terms; prohibitions on same-sex marriage and civil unions removed from Code. (passed)