(a) A married person is guilty of bigamy, a misdemeanor, if he contracts or purports to contract another marriage, unless at the time of the subsequent marriage: (1) the defendant believes that the prior spouse is dead; (2) the defendant and the prior spouse have been living apart for five (5) consecutive years throughout which the prior spouse was not known by the defendant to be alive; (3) a court has entered a judgment purporting to terminate or annul any prior disqualifying marriage, and the defendant does not know that judgment to be invalid; or
(4) the defendant reasonably believes that he is legally eligible to remarry. (b) A person is guilty of bigamy if he contracts or purports to contract marriage with another knowing that the other is thereby committing bigamy. SOURCE: G.P.C. §§ 281-284; *M.P.C. § 230.1. COMMENT: The crime of bigamy is reduced by this Section from a felony to a misdemeanor, thus increasing the likelihood of prosecution as Attorneys General on Guam have felt that felony charges were too severe under the facts usually presented. It should be noted that the other spouse is also guilty of bigamy if she/he contracts, or reports the contract of marriage, knowing that his or her spouse will be guilty of bigamy because of the spouse’s relationship with another person.