(1) A person is guilty of bigamy when, knowing the person has a husband or wife or knowing the other person has a husband or wife, the person purports to marry and cohabitates with the other person.

(2) Bigamy is a third degree felony.

(3) Bigamy is a second degree felony if the accused is also convicted during the same prosecution of the following: (a) inducing marriage or bigamy under false pretenses; (b) fraud; (c) domestic abuse; (d) child abuse; (e) sexual abuse; (f) human trafficking; or (g) human smuggling.

(a) inducing marriage or bigamy under false pretenses;

(b) fraud;

(c) domestic abuse;

(d) child abuse;

(e) sexual abuse;

(f) human trafficking; or

(g) human smuggling.

(4) It is a defense to bigamy that: (a) the accused reasonably believed the accused and the other person were legally eligible to marry; (b) the accused is a person who, under reasonable fear of coercion or bodily harm, left a bigamous relationship as defined in Subsection (1); (c) the accused is a minor who left a bigamous relationship as defined in Subsection (1); or (d) the accused has taken steps to protect the safety and welfare of any minor child of a bigamous relationship.

(a) the accused reasonably believed the accused and the other person were legally eligible to marry;

(b) the accused is a person who, under reasonable fear of coercion or bodily harm, left a bigamous relationship as defined in Subsection (1);

(c) the accused is a minor who left a bigamous relationship as defined in Subsection (1); or

(d) the accused has taken steps to protect the safety and welfare of any minor child of a bigamous relationship.