(1) A married person who, while still married, marries or enters into a civil union in this state with another person commits bigamy, unless as an affirmative defense it appears that at the time of the subsequent marriage or subsequent civil union:
(a) The accused reasonably believed the prior spouse to be dead; or
(b) The prior spouse had been continually absent for a period of five years during which time the accused did not know the prior spouse to be alive; or
(c) The accused reasonably believed that he or she was legally eligible to remarry or legally eligible to enter into a civil union.
(1.5) A person who is a partner in a civil union, while still legally in a civil union, who marries or enters into another civil union in the state with another person other than a current partner in a civil union commits bigamy, unless as an affirmative defense it appears that at the time of the subsequent marriage or subsequent civil union:
(a) The accused reasonably believed the prior partner to be dead; or
(b) The prior partner had been continually absent for a period of five years during which time the accused did not know the prior partner to be alive; or
(c) The accused reasonably believed that he or she was legally eligible to marry or legally eligible to enter into a civil union.
(2) Bigamy is a class 2 misdemeanor.
Source: L. 71: R&RE, p. 447, § 1. C.R.S. 1963: § 40-6-201. L. 89: (2) amended, p. 839, § 76, effective July 1. L. 2016: Entire section amended, (SB 16-150), ch. 263, p. 1081, § 7, effective July 1. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3191, § 257, effective March 1, 2022. L. 2026: IP(1) and IP(1.5) amended, (SB 26-013), ch. 9, p. 37, § 1, effective August 12.