This is the 2025 edition of the code. This is the current edition. Browse all editions.

§ 18.2-362 Person marrying when spouse is living; penalty; venue

If any married person, during the life of such person’s spouse, marries another person in the Commonwealth, or, if the marriage with such other person takes place outside of the Commonwealth and the persons cohabitate in the Commonwealth, he is 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

The record of this law’s original creation isn’t available online. It has been modified 3 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 1975, chapters 14 and 15; in 2003, chapter 99; in 2020, chapter 900.

Code 1950, § 20-41; 1975, cc. 14, 15; 2003, c. 99; 2020, c. 900.

Download

Court Decisions

Cole v. Commonwealth (COA, 08/02/11)
. . . 712 S.E.2d 759 (2011) . . .

Stuart v. Commonwealth (COA, 10/23/90)
. . . 397 S.E.2d 533 (1990) . . .

Johnson v. Commonwealth (COA, 05/20/03)
. . . 580 S.E.2d 486 (2003) . . .

Frantz v. Commonwealth (COA, 01/30/90)
. . . Opinion . . .

Freeman v. Commonwealth (SCV, 03/12/82)
. . . 288 S.E.2d 461 (1982) . . .

Foster v. Commonwealth (COA, 05/17/88)
. . . Opinion . . .

Larwan Badru Bonner v. Commonwealth of Virginia (COA, 07/23/13)
. . . UPON REHEARING EN BANC . . .

Hassan v. Johnson (District Court, E.D. Virginia, 02/20/15)
. . . MEMORANDUM OPINION . . .

Hager v. Hager (COA, 11/05/86)
. . . 3 Va.App. 415 (1986) . . .

Couch v. Jabe (District Court, W.D. Virginia, 09/01/10)
. . . 737 F.Supp.2d 561 (2010) . . .

Court opinions are provided by CourtListener, which is developed by the Free Law Project.

Amendment Attempts

HB39: Bigamy; person found guilty may be ordered by court to make restitution to other party of marriage.

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)

HB1728: Child victims and witnesses; using two-way closed-circuit television. (passed)

HB1773: Enhanced earned sentence credits; exemptions; firearm-related offense; felony conviction while a prisoner. (failed)

HB1991: Domestic and Sexual Assault Conviction Database; established. (failed)

HB2192: Enhanced earned sentence credits; repeals four-level classification system. (failed)

HB2576: Geriatric prisoners; conditional release. (failed)

HB2694: Criminal sexual assault against a minor; capital murder, death penalty, etc. (failed)

HJ569: Commending Tammy Mann, Ph.D.

SB1071: Enhanced earned sentence credits; exemptions, felony drug offenses. (failed)

SB1080: Earned sentence credits; inchoate offenses, concurrent and consecutive sentences. (failed)

SB1277: Minor witnesses; appointment of guardian ad litem in circuit court. (passed)

HB244: Robbery; conforms certain provisions of Code to degrees of robbery offenses.

HB251: Assault and battery; creates Class 6 felony for serious bodily injury. (failed)

HB863: Offenses, certain; elimination of mandatory minimum sentences. (failed)

HB1162: State correctional facilities; required education or vocational training. (failed)