Part IV · Punitive Articles
Article 134. Bigamy · MCM ¶ 93
2024 Manual for Courts-Martial, United States
See all changes(a) Text of statute. See paragraph 91.
(b) Elements.
(1) That the accused had a living lawful spouse;
(2) That while having such spouse the accused wrongfully married another person; and
(3) That, under the circumstances, the conduct of the accused was either: (i) to the prejudice of good order and discipline in the armed forces; (ii) was of a nature to bring discredit upon the armed forces; or (iii) to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces.
(c) Explanation. Bigamy is contracting another marriage by one who already has a living lawful spouse. If a prior marriage was void, it will have created no status of “lawful spouse.” A belief that a prior marriage has been terminated by divorce, death of the other spouse, or otherwise, constitutes a mistake of fact defense only if the belief was reasonable. See R.C.M. 916(j)(1).
(d) Maximum punishment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years.
(e) Sample specification. In that ____________ (personal jurisdiction data), did, at, (subject-matter jurisdiction data, if required), on or about _____ 20 __, wrongfully marry ____________, having at the time of (his) (her) said marriage to a lawful spouse then living, to wit:____________________ , and that such conduct was (to the prejudice of good order and discipline in the armed forces) (of a nature to bring discredit upon the armed forces) (to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces).
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3a-93-1 · BIGAMY
NOTE 1. If convicted of only offenses committed on or after 28 December 2023, the judge shall sentence the accused in accordance with the sentencing parameters or criteria, as appropriate, or state reasons for deviating in writing. See RCM 925(c)(2), RCM 1002(a)(2), Appendices 12B (Parameter Table-Confinement Categories), 12C (Offense Category Chart), and 12D (List of Criteria Offenses), 2024 MCM.
Maximum punishment
DD, TF, 2 years, E-1. (Category 1)
Sample specification
In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, wrongfully marry __________, having at the time of (his) (her) said marriage to a lawful spouse then living, to wit: __________, and that such conduct was (to the prejudice of good order and discipline in the armed forces) (of a nature to bring discredit upon the armed forces) (to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces).
Elements
(1) That (state the time and place alleged), the accused had a lawful living spouse, to wit (state the name of the alleged lawful spouse);
(2) That, while having such lawful spouse, the accused wrongfully married another person, to wit: (state the name of the person the accused allegedly bigamously married); and
(3) That, under the circumstances, the conduct of the accused was (to the prejudice of good order and discipline in the armed forces) (of a nature to bring discredit upon the armed forces) (to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces).
Definitions & other instructions
(“Conduct prejudicial to good order and discipline” is conduct which causes a reasonably direct and obvious injury to good order and discipline.)
(“Service discrediting conduct” is conduct which tends to harm the reputation of the service or lower it in public esteem.)
NOTE 2. Mistake or ignorance raised. If any issue of ignorance or mistake of fact arises concerning the accused’s marital status at the time of the alleged offense, Instruction 5-13-1, Ignorance or Mistake of Fact or Law, is ordinarily applicable. See RCM 916(j)(1)
NOTE 3. Conduct pled as both prejudicial to good order and discipline and service discrediting. When the conduct is pled as both prejudicial to good order and discipline and service discrediting, the following instruction should be given:
The government has alleged that the conduct in question in (The) Specification (___) of (The) (Additional) Charge (___) was to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces. To convict the accused of the offense charged, you must be convinced beyond a reasonable doubt of all the elements, including that the accused’s conduct was to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces. If you are convinced of all the elements except the element of the service discrediting nature of the conduct, you may still convict the accused of the offense charged. In this event, you must make appropriate findings by excepting the language “of a nature to bring discredit upon the armed forces.” On the other hand, if you are convinced of all the elements except the element of prejudice to good order and discipline in the armed forces, you may still convict the accused of the offense charged. In this event, you must make appropriate findings by excepting the language “to the prejudice of good order and discipline in the armed forces.” Of course, if you are convinced beyond a reasonable doubt that the conduct in question was both to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces, then you may convict the accused as charged provided you are convinced beyond a reasonable doubt as to the other elements of (The) Specification (___) of (The) (Additional) Charge (___).
Source: Instruction 3a-93-1 · view original on jagcnet.army.mil