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See Paragraph 60 (Article 134 - General Article). 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 to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces. 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.” However, if it was only avoidable and has not been voided by a competent court, this is no defense. A belief that a prior marriage has been terminated by divorce, death of the other spouse, or otherwise, constitutes a defense only if the belief was reasonable. See R.C.M. 915(j)(1) in the Manual Of Courts Martials (linked to a 3.5M PDF). Lesser included offense. Article 80—attempts Maximum punishment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years |
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