NRS.201.160-180: Bigamy and Incest Laws in Nevada
Bigamy and Incest, the words alone spark emotions, and everyone has an opinion.
However, there are more to both bigamy and incest charges than most people think and the laws aren’t necessarily in place for what we see on T.V.
Believe it or not these laws are in place for much more complex issues that people might not even realize. While you might think it’s common sense not to marry another person while you’re still married, it does happen. That’s why these laws still exist.
In Nevada, both bigamy and incest are illegal but the circumstances around the charges come into play in a big way.
These charges do however have big consequences that could follow you the rest of your life.
Besides the criminal penalties you may face that can be severe, there are also the social stigma repercussions that you would face if people became aware of the charges against you. Social stigma alone can be devastating for someone charged with either bigamy or incest.
Getting the charges against dropped or reduced quickly is just as important for the legal penalties and well as the social stigma. We will explore both bigamy and incest laws and penalties in this article.
If you or someone you know is facing any criminal charge, you need to hire a knowledgeable criminal defense attorney. The Defenders is a criminal defense law firm in Las Vegas, Nevada that has a proven track record of defending clients charged with a variety of crimes.
Contact our office today to discuss your case in private.
What Is Bigamy?
In 1878 the U.S Supreme Court outlawed any kind of plural marriage such as polygamy or bigamy.
Bigamy refers to the act of knowingly having more than one husband or wife at the same time. While marriages beyond the first are deemed void, they do not impact the legality of the initial marriage.
Every state including Nevada has outlawed bigamy.
In Nevada NRS 201.160 makes it a crime to marry another if you are still married and your spouse is still alive. NRS 201.170 makes it a crime to knowingly marry another who is already married.
These offenses are deliberate in nature, meaning if you were unaware that someone is currently married and married them you are not guilty of the crime of bigamy.
When Can I Legally Remarry?
As we all know, you can legally remarry in Nevada or anywhere in the U.S for that matter. It happens all the time in the U.S, but your prior marriage must have:
- Ended with the death of your spouse, i.e. you are widowed
- Ended with an annulment; meaning the first marriage was considered null and void
- Ended In divorce, you must be legally divorced before remarrying, legally separated or separated is not legally divorced
- Was never valid to begin with
Nevada will recognize your legal marriage if it was in another country or if you are in a common law marriage recognized by another state.
These unions are still recognized as the first marriage and must be ended with any of the above before being married again.
Failing to do so puts you at risk of facing bigamy charges.
What Are the Defenses Against Bigamy Charges?
There are a few common defenses against bigamy charges that are successful in getting the charges dismissed.
- Your first marriage has legally ended: You can get married as many times as you want as long as the previous marriage was legally ended in divorce, annulled, or a death. If you can show the court that you have legal documentation of the ending of your previous marriage the charges should be dismissed.
- Five years of no knowledge rule: People leave marriages without notice on purpose, others have tragic accidents and may be lost or missing and are never found. In these cases, you are legally able to remarry as long as five years have passed since the last contact with the absent spouse.
- You did not know your divorce was not final: clerical errors or documents not properly filed or filled out can lead to this issue. If you believed that you were legally divorced but for some reason were not, the charges should not stand since this is an honest mistake.
Penalties for Bigamy Convictions
Bigamy is a category D felony in Nevada the penalties include:
- Up to four years in a Nevada prison
- And up to a $5000
How Does Nevada Law Define Incest?
Incest is not just what you may think when it comes to the laws that actually govern the crime of incest.
In Nevada, the legal definition of the crime of incest is when two relatives who are closer than second cousins get married, have sexual relations or commit adultery. The purpose of laws against incest are to prevent inbreeding, leading to a greater chance of birth defects.
Incest is illegal even if the two people involved are consenting adults.
Rape or sexual assault is different than incest in adults. Rape/Sexual assault is against someone’s will regardless of relations and age.
In incestuous relationships, there may be consenting adults but it is still illegal.
So incest charges are not just for adults who have sexual relations with their minor children as most people believe. Even consenting adults can be charged with incest and its a felony in Nevada with a lengthy prison sentence.
What Are the Defenses Against Incest Charges?
To get incest charges dismissed, your attorney must prove that the relationship is outside the scope of prohibits acts.
There are three common defenses:
- No fornication: Nevada incest laws are very specific about fornication. Fornication refers only to sexual penetration between a man and a woman and not any other acts of sexual conduct. If the defense can prove no sexual intercourse took place then the charges should be dropped.
- No marriage: Nevada law prevents closely related people from getting married. If you have not been legally married then the charges should be dismissed.
- No relation: people who are close sometimes refer to a close friend as a sister, brother or other blood relative when in fact they are not related at all. Adopted family members also fall under this theory. If you are not blood related and in a relationship then the charges should not stand.
What Are the Defenses Against Incest Charges?
Under NRS 201.180 incest is a category A felony, the most serious of crimes.
If you do not pose a threat to society after an evaluation you can be granted probation. The other option is:
- 2 years to life in prison
- A fine of up to $10,000 at the courts discretion
The other penalty that can follow you for a lifetime is supervision under the offender registry.
The sex offenders registry can limit the places you can live and go to, it can also hinder your ability to gain employment and presents a social stigma against you by the public.
Since these records are made available to the public anyone can find out information on a registered sex offender.
Three things judges consider when sentencing someone for incest charges are:
- If the relationship was consensual
- If the parties were both adults or if one was a minor child
- How closely related the parties are
Why Call the Defenders?
If you have been charged with either bigamy or incest you need to hire an experienced defense attorney who can help defend you with a strategic plan.
The Defenders has been helping clients get charges dropped or dismissed in Nevada for decades.
Don’t leave your case in the hands of a public defender who might not even meet you until your first court date, since they are swamped with cases. You need a lawyer who can dedicate time to handling your case alone.
Our team will investigate your case and charges thoroughly to determine the best course of action.
We have a track record of getting cases dismissed or reduced based on evidence we uncover in our investigation.
We have many lawyers on our team who have different expertise, and you will be paired with the lawyer with the most experience with your charges.
Call The Defenders today to speak with a lawyer regarding your incest or bigamy charges.
Frequently Asked Questions
What should I do if I am falsely accused of bigamy in Nevada?
If you are falsely accused of bigamy, it is crucial to contact a skilled defense attorney immediately. They will help gather evidence to prove your innocence, such as documentation of your previous marriage’s legal termination. An experienced attorney can navigate the complex legal system to build a strong defense and attempt to get the charges dismissed.
Can someone be charged with incest if they were unaware of their relation in Nevada?
Yes, an individual can still face charges of incest even if they were unaware of their familial relationship. Ignorance of the law or relationship does not typically exempt one from legal responsibility. Therefore, it is crucial to seek legal advice and representation from a defense attorney to address the specifics of the case.
What are the immediate consequences of being listed on the sex offender registry in Nevada?
Being listed on the sex offender registry in Nevada can significantly impact various aspects of your life. It may restrict your ability to live in certain areas, limit job opportunities, and subject you to public scrutiny. This listing aims to ensure public safety but can stigmatize those on the registry, affecting personal and professional relationships.
How can a defense attorney help in reducing penalties for bigamy or incest charges?
A defense attorney can be instrumental in mitigating the penalties associated with bigamy or incest charges. They can negotiate plea deals, challenge the evidence presented, and possibly reduce the charges based on legal technicalities or new evidence. Their expertise allows them to present the strongest possible defense to minimize potential consequences.
How does consent affect incest charges?
In Nevada, consent does not serve as a defense against incest charges. Even if both parties are consenting adults, the law strictly prohibits incestuous relationships, as defined by the state. The legal framework is in place to prevent potential social and genetic complications arising from inbreeding, highlighting the importance of adhering to these laws despite mutual consent.
