Bigamy

Is there any penalty for a guest (but not a witness who signs anything) who attends the wedding of someone who is not yet divorced? What if one doesn't attend the ceremony but still possess the knowledge of this bigamy? What are the penalties for the bigamist? The person intends to be divorced, however it will not be final by the time the ceremony is scheduled to take place. The state this is scheduled to take place in is NY. I need to know ASAP.

My response:

Think very carefully . . .

Do YOU have "first-hand" ACTUAL knowledge of the previous marriage of this person, having seen the same with your own two eyes?

Or is it that you "believe" this person is married based upon what you've been told by him and others?

I'll be able to answer your questions as soon as you answer these questions.

IAAL

I know for sure that this person is married and has been for a number of years. I know both members of this marriage personally and have spoken to both of them within the last 2 days so I know there has been no divorce as of this time.

Grasshopper said:

I know for sure that this person is married and has been for a number of years. I know both members of this marriage personally and have spoken to both of them within the last 2 days so I know there has been no divorce as of this time.

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My response:

I wish I could help you, but you can not, or will not, answer my questions.

Your current answers are insufficient, so it would be best if you had a face-to-face consultation with an attorney.

Yes, that's how potentially serious your situation can be.

IAAL

I thought I answered your question by saying that I knew for sure that this person is currently married. I know first-hand, and have see with my own two eyes that s/he has been married for the last 16+ years. This is acutal information that I possess, I am not going by any second-hand involvement. I was all but at the first ceremony and have spoken to both parties in the last 3 days so I know no divorce has occurred. What else do you need to know to answer the question?

Grasshopper said:

I thought I answered your question by saying that I knew for sure that this person is currently married. I know first-hand, and have see with my own two eyes that s/he has been married for the last 16+ years. This is acutal information that I possess, I am not going by any second-hand involvement. I was all but at the first ceremony and have spoken to both parties in the last 3 days so I know no divorce has occurred. What else do you need to know to answer the question?

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My response:

You said, "I was all but at the first ceremony."

Okay, you were NOT at the first ceremony, so you don't know, of YOUR OWN knowledge whether or not they were, in fact, married. You only know what you know based upon what you were told. You NEVER saw any marriage with your own two eyes.

I have no doubt that you BELIEVE he is married. I have no doubt that you BELIEVE there was no divorce. But that's not good enough under criminal law.

In other words, YOU have no "actual information" that is FIRST HAND KNOWLEDGE - - you were not there, you did not see, you did not have any wedding cake, concerning an alleged previous marriage.

The information you have is ONLY based upon what you were told, and not because you saw them get married the first time.

All the knowledge YOU HAVE about their marriage, under the law, is called hearsay evidence - - you "heard" what someone else "said" about them being married, because you were not THERE yourself.

This fact is CRUCIAL for my answer to you.

Bigamy is a Felony - - an extremely serious criminal offense.

By going to the wedding, and watching a felony crime being committed, or when you assist someone else to commit a FELONY, you become an accessory to the crime - - in other words, "helping" someone, or giving someone assistance, solace, or comfort, to commit a felony, is also a crime - - a felony.

But, since YOU have no DIRECT knowledge that there ever was a previous marriage (because you weren't there to see it), you wouldn't be committing any crime yourself.

If you did witness the first marriage, it would be your duty to report the crime of BIGAMY (the second marriage) to the authorities.

So, I would say that you can go to the wedding. And, if a crime is being committed, YOU can honestly say that you have no knowledge of a previous marriage or failure to obtain a divorce - - because any information YOU HAVE is because someone else TOLD YOU, and you saw nothing with your own eyes, and you heard nothing, first hand, with your own ears.

IAAL

[Edited by I AM ALWAYS LIABLE on 11-26-2000 at 04:37 PM]