CHAPTER 720, ILCS 5/ - CRIMINAL CODE DIVISION I

720 ILCS 5/11-45

Sec. 11-45. Bigamy and Marrying a bigamist.

EXECUTIVE SYNOPSIS · ILLINOIS LEGAL STANDARDS Governing Authority: ILGA & Supreme Court Rules
Offense Class & Sentencing Scope Class A Misdemeanor

Up to 364 days county jail · Fine up to $2,500

Court Appearance Mandate Release on Notice (No Mandate)

Personal appearance is not mandatory under Rule 551 by default. The citation may be satisfied by written appearance, pre-set administrative payment, or mail-in notice unless aggravated circumstances apply.

Pretrial Fairness Act (SAFE-T Act) Presumptive Pretrial Release

Presumptive Pretrial Release: This offense is non-detainable under 725 ILCS 5/110-6.1. The defendant is entitled to release on personal recognizance with non-monetary conditions unless charged with a subsequent detainable violation.

Secretary of State License Sanction Standard Administrative Protocol

No automatic driver's license suspension or mandatory revocation is triggered by this offense code alone upon citation.

Classification Class A Misdemeanor
Court Appearance Pre-set Bond / Release on Notice
SAFE-T Act Detention Release Eligible (Conditions Apply)
SOS Reporting Code None Assigned
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Associated Offense Codes & Classifications (2)

Offense Description Class Court Mandate SAFE-T Act Reporting Code
Bigamy 720 ILCS 5/11-45(a) Class A Misdemeanor Release on Notice Release Eligible
Marrying a bigamist 720 ILCS 5/11-45(a-5) Class A Misdemeanor Release on Notice Release Eligible
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Illinois General Assembly Statutory Text (Verbatim)

Source: ilga.gov

Sec. 11-45. Bigamy and Marrying a bigamist.

(a)

(a) Bigamy. A person commits bigamy when that person has a husband or wife and subsequently knowingly marries another.

(a-5) Marrying a bigamist. An unmarried person commits marrying a bigamist when that person knowingly marries another under circumstances known to him or her which would render the other person guilty of bigamy under the laws of this State.

(b)

(b) It shall be an affirmative defense to bigamy and marrying a bigamist that:

(1)

(1) The prior marriage was dissolved or declared invalid; or (2) The accused reasonably believed the prior spouse to be dead; or (3) The prior spouse had been continually absent for a period of 5 years during which time the accused did not know the prior spouse to be alive; or (4) The accused reasonably believed that he or she or the person he or she marries was legally eligible to be married. (c) Sentence.

Bigamy is a Class 4 felony. Marrying a bigamist is a Class A misdemeanor.

(Source: P.A. 96-1551, eff. 7-1-11.)

Cross-Referenced ILCS Codes