26.11.150 Bigamy Marriage

Any person who willfully and knowingly contracts in a second marriage (or going through the process of a second marriage)while the first marriage is still valid and undissolved is guilty of a Class [3] three offense. This does not apply or

extend to:

(a) A person whose spouse has been absent for five (5) successive years and is believed by him or her to be dead; or

(b) A. person whose spouse has voluntarily absented himself and has continually remained within the United States for a time of five (5) successive years.