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(a) A person commits bigamy when he intentionally contracts or purports to contract a marriage with another person when he has a living spouse. A person who contracts a marriage outside this state, which would be bigamous if contracted in this state, commits bigamy by cohabiting in the state with the other party to such a marriage.
(b) A person does not commit an offense under this section if:
(1) He reasonably believes that his previous marriage is void or was dissolved by death, divorce or annulment; ?or
(2) He and the prior spouse have been living apart for five consecutive years next prior to the subsequent marriage, during which time the prior spouse was not known by him to be alive.
(3) The burden of injecting the issues under this subsection is on the defendant, but this does not shift the burden of proof.
(c) Bigamy is a Class C felony.
The state treasurer may appoint a reputable bank in the city of New York as fiscal agent of the state of Idaho. ?Such fiscal agent may, under the instructions of the state treasurer, receive and pay out moneys for the state of Idaho. ?The state treasurer shall, in selecting such fiscal agent, obtain the best terms possible for handling any business of the state which requires payment in the city of New York. ?Any commissions or charges or expenses for services shall be a proper charge, in the following order, against:
(1)?The proceeds of any bond or note sale for which such fiscal agent is appointed, or
(2)?The office appropriation of the state treasurer.
Upon formal application to the state treasurer by the holder of any bond or obligation of the state of Idaho, both principal and interest may be paid in the city of New York by such fiscal agent. ?In all other respects, the provisions of the state depository law must obtain.
Cite this article: FindLaw.com - Alabama Code Title 13A. Criminal Code § 13A-13-1 - last updated January 01, 2019 | https://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-13-1/
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