§ Article 134 : Bigamy

Bigamy is one of the specific offenses prosecuted under Article 134 of the UCMJ (10 U.S.C. § 934), the General Article. It punishes contracting a marriage while a prior, undissolved marriage still legally exists.

Disambiguation — this is not Article 134 itself

Article 134 is a general clause covering conduct prejudicial to good order and discipline, conduct discrediting the armed forces, and non-capital crimes and offenses, under which the Manual for Courts-Martial lists numerous separately defined offenses. Bigamy is one of those enumerated offenses, not a synonym for Article 134 as a whole.

Who It Applies To

Any person subject to the UCMJ who has a living lawful spouse and wrongfully marries another person, under circumstances that are prejudicial to good order and discipline or service-discrediting.

What It Covers

1. The accused had a living lawful spouse.
2. While having that spouse, the accused wrongfully married another person.
3. Under the circumstances, the accused’s conduct was prejudicial to good order and discipline in the armed forces, was of a nature to bring discredit upon the armed forces, or both.

Bigamy is contracting another marriage while already having a living lawful spouse. A prior marriage that was void creates no status of “lawful spouse.” Under the Manual, a belief that the prior marriage had ended by divorce, death, or otherwise is relevant only if the belief was reasonable.

Maximum Punishment

Maximum authorized punishment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years.

Sentencing parameters. Category 1 (0–12 months).

The newer sentencing rules apply, subject to the capital-case rules, when the accused is convicted only of offenses committed after 27 December 2023. See How UCMJ Sentencing Rules Apply. The maximum authorized punishment and the applicable sentencing framework do not predict the sentence in a particular case.

Related and Distinguished

Bigamy is one of the offenses listed under the General Article, so the terminal element must be proved. Sexual conduct with a person other than one’s spouse is addressed separately by the extramarital sexual conduct offense, and false statements about marital status on official documents by Article 107.

What the Provision Does

This offense applies when the accused, while having a living lawful spouse, wrongfully marries another person, and the terminal element is proved. The maximum confinement is 2 years.

History

Bigamy was an enumerated Article 134 offense in the 2016 edition of the Manual for Courts-Martial (paragraph 65). The 2018 amendments to the Manual (Executive Order 13825), effective January 1, 2019, carried it forward as the current paragraph 93.

Sources

• 10 U.S.C. § 934 (Article 134, UCMJ)
• Manual for Courts-Martial, United States, 2024 edition, Part IV, ¶ 93
• Manual for Courts-Martial, United States (2024 ed.), Appendix 12B and Appendix 12C
• Manual for Courts-Martial, United States (2024 ed.), Appendix 17 (Analysis of Punitive Articles)