5-8-1. BIGAMY.

Any person who, while being married to another presently living person, marries any third person, is guilty of bigamy.  It is an affirmative defense to a charge of bigamy that:

1. The actor’s spouse in the former marriage has been absent from the Rosebud Sioux Reservation for over five (5) successive years without being known to be living by the actor; or
2. The actor’s spouse in the former marriage has absented himself or herself from the actor by being outside the United States continuously for over five (5) years; or
3. The actor’s previous marriage has been pronounced void, annulled, or dissolved by a Court of competent jurisdiction.

Bigamy is a Class B crime.