{"id":340,"date":"2026-10-12T23:16:10","date_gmt":"2026-10-12T23:16:10","guid":{"rendered":"https:\/\/35-229-99-24.nip.io\/?page_id=340"},"modified":"2026-10-12T23:16:10","modified_gmt":"2026-10-12T23:16:10","slug":"sexual-assault-bigamy-texas","status":"publish","type":"page","link":"https:\/\/barbierilawfirm.com\/guides\/aggravated-sexual-assault-defense\/sexual-assault-bigamy-texas\/","title":{"rendered":"Sexual Assault Bigamy Texas: What the Charge Means"},"content":{"rendered":"\n<div class=\"wp-block-cover alignfull is-dark\" style=\"min-height:460px;aspect-ratio:unset;\"><span aria-hidden=\"true\" class=\"wp-block-cover__background has-secondary-background-color has-background-dim-60 has-background-dim\"><\/span><img decoding=\"async\" class=\"wp-block-cover__image-background\" alt=\"Interior of a police evidence facility with labeled storage shelves and documentation systems.\" src=\"https:\/\/barbierilawfirm.com\/guides\/wp-content\/uploads\/2026\/10\/interior-of-a-police-evidence-facility-with-labeled-storage-photo-3.jpg\"\/><div class=\"wp-block-cover__inner-container has-global-padding is-layout-constrained wp-block-cover-is-layout-constrained\">\n<h1 class=\"wp-block-heading has-base-color has-text-color\">Sexual Assault Bigamy Texas: What the Charge Means<\/h1><div class=\"wp-block-buttons is-layout-flex wp-block-buttons-is-layout-flex\"><div class=\"wp-block-button chg-cta chg-cta-call\"><a class=\"wp-block-button__link wp-element-button\" href=\"tel:+19724241902\">Schedule a free consultation<\/a><\/div><div class=\"wp-block-button chg-cta chg-cta-form\"><a class=\"wp-block-button__link wp-element-button\" href=\"https:\/\/www.barbierilawfirm.com\/contact\/\">Schedule a free consultation<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n<p class=\"wp-block-paragraph\" style=\"font-size:0.85rem;color:#6b7280;margin-bottom:1.5rem\">By Heather Barbieri \u00b7 Published October 11, 2026<\/p>\n\n<article lang=\"en\">\n\n\n<p>A sexual assault charge in Texas can move from a second-degree felony to a first-degree felony when a bigamy-related marriage rule applies. That is the core of most sexual assault bigamy Texas questions. This page explains the two statutes, how the felony level is set, what a defense review examines, and what happens next. It&#8217;s written for the person charged, a family member, or anyone trying to make sense of confusing paperwork.<\/p>\n<h2>What Sexual Assault Bigamy Means Under Texas Law<\/h2>\n<p>The phrase describes a sexual assault charge with a bigamy-related element. It does not describe a separate bigamy case.<\/p>\n<p>Sexual assault is defined in <a href=\"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.22.htm#22.011\">Texas Penal Code \u00a7 22.011<\/a>. One form is causing penetration of another person&#8217;s anus or sexual organ without that person&#8217;s consent.<\/p>\n<p>Bigamy is defined in <a href=\"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.25.htm#25.01\">Texas Penal Code \u00a7 25.01<\/a>. It covers a legally married person who marries, purports to marry, or lives under the appearance of being married with someone other than the spouse. Under \u00a7 25.01(a)(2), it also covers a person who marries, purports to marry, or lives under the appearance of being married with someone the person knows is married to someone else.<\/p>\n<p>Why do they show up together? Section 22.011 raises the offense level when the victim is someone the actor was prohibited from marrying, or living with as if married, under \u00a7 25.01. The marriage rule becomes part of the sexual assault charge.<\/p>\n<p>Scope matters. This firm defends sex crimes and assaultive offenses. Standalone bigamy, with no sexual assault charge, is not one of the practice areas listed for Barbieri Law Firm. This page does not offer that service.<\/p>\n<p>This page is for three kinds of readers: the person accused, a family member, or someone facing an investigation who wants to understand the charge before deciding on next steps.<\/p>\n\n<figure class=\"wp-block-image size-large has-custom-border\"><img decoding=\"async\" src=\"https:\/\/barbierilawfirm.com\/guides\/wp-content\/uploads\/2026\/10\/hand-resting-on-a-desk-beside-a-stack-of-documents-and-newsp-photo-1.jpg\" alt=\"Hand resting on a desk beside a stack of documents and newspaper clippings.\" style=\"border-radius:8px;width:100%;aspect-ratio:16\/9;object-fit:cover\"\/><\/figure>\n<h2>How the Bigamy Element Is Charged and Classified<\/h2>\n<p>A bigamy-related element can raise a sexual assault charge from a second-degree felony to a first-degree felony.<\/p>\n<p>Texas sorts felonies into categories by seriousness, including first, second and third degree felonies (<a href=\"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.12.htm#12.04\">Texas felony categories<\/a>). Under the base rule, sexual assault is a second-degree felony.<\/p>\n<p>Penal Code \u00a7 22.011(f) also makes sexual assault a first-degree felony in a separate circumstance that is not about bigamy. That circumstance is when the victim is related to the actor within a degree described by Texas Penal Code \u00a7 25.02, the prohibited sexual conduct statute. Section 25.02 lists family relationships such as ancestor or descendant, brother or sister, a parent&#8217;s brother or sister, a brother&#8217;s or sister&#8217;s child, and a current or former stepchild or stepparent. That trigger is listed alongside the bigamy-related element in \u00a7 22.011(f), which is why both appear in the same subsection.<\/p>\n<p>The statute sets these ranges:<\/p>\n<ul>\n<li><strong>Second-degree felony:<\/strong> 2 to 20 years in the Texas Department of Criminal Justice, plus a fine up to $10,000 (<a href=\"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.12.htm#12.33\">second-degree felony penalties<\/a>).<\/li>\n<li><strong>First-degree felony:<\/strong> 5 to 99 years, or life, plus a fine up to $10,000 (<a href=\"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.12.htm#12.32\">first-degree felony penalties<\/a>).<\/li>\n<\/ul>\n<p>These are the base statutory ranges. They are not a forecast. Under Texas Penal Code \u00a7 12.42, prior felony convictions can raise the punishment range, and certain repeat sex offenses carry a mandatory life sentence. Every case turns on its own facts, and we can review yours and explain your options.<\/p>\n<p>Stages matter too. An arrest, a formal charge, and an indictment are different steps. Read any document you have. Some documents, such as an indictment, name the offense and the level, but not every document does, and a document may not show the current stage of the case. We can review your paperwork with you.<\/p>\n<h2>What a Defense Review Examines<\/h2>\n<p>A defense review checks whether the marriage element holds up, and how the rest of the evidence fits together.<\/p>\n<ul>\n<li><strong>Marriage records.<\/strong> Was there a prior marriage? How did it end? What do public and court records show?<\/li>\n<li><strong>Reasonable belief.<\/strong> In a bigamy prosecution under \u00a7 25.01(a)(1), <a href=\"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.25.htm#25.01\">\u00a7 25.01(c)<\/a> provides a defense when the actor reasonably believed the earlier marriage was void or had been dissolved by death, divorce, or annulment. The statute does not establish whether or how that provision bears on the first-degree enhancement in \u00a7 22.011(f), so its relevance to a sexual assault charge depends on the facts of the case. Under the statute, the belief is reasonable if it is substantiated by a certified copy of a death certificate or other signed document issued by a court.<\/li>\n<li><strong>Spouse testimony.<\/strong> Under <a href=\"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.25.htm#25.01\">\u00a7 25.01(d)<\/a>, a lawful spouse may testify about proof of the original marriage, for or against the accused.<\/li>\n<li><strong>Timeline.<\/strong> Review the dates of any claimed marriage, later relationships, and records that confirm or conflict with them.<\/li>\n<li><strong>Consent.<\/strong> Consent is central to the sexual assault charge. It is reviewed against the actual evidence, not assumed.<\/li>\n<li><strong>Accuracy.<\/strong> Police reports, recorded interviews, messages, and lab results are checked for gaps and conflicts.<\/li>\n<\/ul>\n<p>We will review the evidence, explain your options, and answer your questions. No lawyer can promise an outcome.<\/p>\n<h2>What to Expect: Steps and Timeline<\/h2>\n<p>Expect five stages. Each one depends on the charge and the county&#8217;s court schedule.<\/p>\n<ol>\n<li><strong>First contact.<\/strong> You share the charge, the stage, and any dates you&#8217;ve been given.<\/li>\n<li><strong>Free initial consultation.<\/strong> We review the paperwork and the basic facts together.<\/li>\n<li><strong>Evidence review.<\/strong> We look at the police file and the records requested from the prosecution.<\/li>\n<li><strong>Bond and pretrial conditions.<\/strong> We explain the conditions and your options at each point.<\/li>\n<li><strong>Negotiation or trial preparation.<\/strong> The plan depends on the evidence and on decisions you make.<\/li>\n<\/ol>\n<p>Timelines vary with county court schedules and case complexity. No fixed timeline is promised.<\/p>\n<p>Two actions can cost time and options. One is giving a statement before you understand the charge. Another is deleting messages, photos, or posts, which can create new problems. Contact Barbieri Law Firm before you talk to investigators or change anything.<\/p>\n<h2>Why Barbieri Law Firm<\/h2>\n<p>Barbieri Law Firm is an all-women criminal defense firm in Frisco, Texas. It defends professionals accused of sex crimes and assaultive offenses across Collin County, Dallas-Fort Worth, and Texas.<\/p>\n<p>The firm is led by Heather Barbieri. Her credential reads: Heather Jean Barbieri, Board Certified, Criminal Law &#8212; Texas Board of Legal Specialization.<\/p>\n<p>The penalty ranges and statutory elements on this page are tied to Penal Code sections. If you have questions about how a statute may apply to your situation, we can go over it with you. This page does not describe case results or client reviews. Questions about fees are welcome at your consultation.<\/p>\n<h2>Frequently Asked Questions<\/h2><details class=\"wp-block-details chg-faq is-layout-flow wp-block-details-is-layout-flow\"><summary>How much jail time is possible for sexual assault in Texas?<\/summary><p class=\"wp-block-paragraph\">Under the base rule, sexual assault is a second-degree felony carrying 2 to 20 years in prison. When a circumstance listed in \u00a7 22.011(f) applies, including the bigamy-related element, it is a first-degree felony carrying 5 to 99 years or life. These are base ranges. Under Texas Penal Code \u00a7 12.42, prior felony convictions can raise the range, and certain repeat sex offenses carry a mandatory life sentence. These ranges are not a forecast.<\/p><\/details>\n<figure class=\"wp-block-image size-large has-custom-border\"><img decoding=\"async\" src=\"https:\/\/barbierilawfirm.com\/guides\/wp-content\/uploads\/2026\/10\/a-person-in-an-orange-jumpsuit-sits-across-from-a-table-duri-photo.jpg\" alt=\"A person in an orange jumpsuit sits across from a table during a police interrogation inside a station.\" style=\"border-radius:8px;width:100%;aspect-ratio:16\/9;object-fit:cover\"\/><\/figure>\n<h2>Talk With Barbieri Law Firm About Your Situation<\/h2>\n<p>A bigamy question inside a sexual assault charge can arrive in a frightening moment. Sometimes the charge involves someone you love, and the paperwork is hard to read. If you&#8217;re facing this now, <a href=\"https:\/\/www.barbierilawfirm.com\/contact\/\">send us your case details<\/a> or call (972) 424-1902 to schedule a free consultation.<\/p>\n<p><strong>Attorney responsible for this site: Heather Barbieri, Barbieri Law Firm, Frisco, Texas.<\/strong><\/p>\n\n<\/article>\n<footer class=\"disclaimer\"><em>Barbieri Law Firm, 17 Cowboys Way, Suite 175, Frisco, TX 75034. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship. Results listed are not a guarantee or indication of future case results.<\/em><\/footer>\n\n\n<div class=\"wp-block-group alignfull has-base-color has-primary-background-color has-text-color has-background has-global-padding is-layout-constrained wp-container-core-group-is-layout-4d466591 wp-block-group-is-layout-constrained\" style=\"background-color:var(--wp--preset--color--primary,#20242e);color:var(--wp--preset--color--base,#ffffff);padding-top:3rem;padding-bottom:3rem;padding-left:1.5rem;padding-right:1.5rem\">\n<h2 class=\"wp-block-heading has-text-align-center has-base-color has-text-color\">Ready to take the next step?<\/h2>\n<div class=\"wp-block-buttons is-content-justification-center is-layout-flex wp-container-core-buttons-is-layout-0aa01211 wp-block-buttons-is-layout-flex\"><div class=\"wp-block-button chg-cta chg-cta-call\"><a class=\"wp-block-button__link wp-element-button\" href=\"tel:+19724241902\">Schedule a free consultation<\/a><\/div><div class=\"wp-block-button chg-cta chg-cta-form\"><a class=\"wp-block-button__link wp-element-button\" href=\"https:\/\/www.barbierilawfirm.com\/contact\/\">Schedule a free consultation<\/a><\/div><\/div>\n<\/div>\n\n<h2 class=\"wp-block-heading\">Related practice areas<\/h2><ul class=\"wp-block-list\"><li><a href=\"\/aggravated-sexual-assault-defense\/\">Aggravated Sexual Assault Defense Lawyer in Texas | Barbieri Law Firm<\/a><\/li><\/ul>","protected":false},"excerpt":{"rendered":"<p>Texas sexual assault bigamy charges: how Penal Code 22.011(f) refers to 25.01 to set the felony level, penalty ranges, and what a defense review examines.<\/p>\n","protected":false},"author":2,"featured_media":0,"parent":11,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"chg_review":"{\"v\": 1, \"checked_at\": \"2026-10-11T07:41:15+00:00\", \"checked\": true, \"jurisdiction\": \"Texas\", \"claims\": [{\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.22.htm#22.011\", \"cite\": \"Texas Penal Code \u00a7 22.011\", \"heading\": \"SEXUAL ASSAULT\", \"support\": \"An offense under this section is a felony of the second degree, except that an offense under this section is:\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (a) a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01; or (b) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02. (f) An offense under this section is a felony of the second degree, except that an offense under this section is: (1) a felony of the first degree if the victim was: (A) a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01; \u2026\", \"sentence\": \"A sexual assault charge in Texas can move from a second-degree felony to a first-degree felony when a bigamy-related marriage rule applies.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.22.htm#22.011\", \"cite\": \"Texas Penal Code \u00a7 22.011\", \"heading\": \"SEXUAL ASSAULT\", \"support\": \"A person commits an offense if:\", \"verdict\": \"supported\", \"law_text\": \"\u2026 22.011. SEXUAL ASSAULT. (a) A person commits an offense if: (1) the person intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent; (B) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; \u2026\", \"sentence\": \"Sexual assault is defined in Texas Penal Code \u00a7 22.011.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.22.htm#22.011\", \"cite\": \"Texas Penal Code \u00a7 22.011\", \"heading\": \"SEXUAL ASSAULT\", \"support\": \"causes the penetration of the anus or sexual organ of another person by any means, without that person's consent;\", \"verdict\": \"supported\", \"law_text\": \"\u2026 22.011. SEXUAL ASSAULT. (a) A person commits an offense if: (1) the person intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent; (B) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or (C) causes the sexual organ of another person, without that person's consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; \u2026\", \"sentence\": \"One form is causing penetration of another person's anus or sexual organ without that person's consent.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.25.htm#25.01\", \"cite\": \"Texas Penal Code \u00a7 25.01\", \"heading\": \"BIGAMY\", \"support\": \"An individual commits an offense if:\", \"verdict\": \"supported\", \"law_text\": \"\u2026 25.01. BIGAMY. (a) An individual commits an offense if: (1) he is legally married and he: (A) purports to marry or does marry a person other than his spouse in this state, or any other state or foreign country, under circumstances that would, but for the actor's prior marriage, constitute a marriage; or (B) lives with a person other than his spouse in this state under the appearance of being married; \u2026\", \"sentence\": \"Bigamy is defined in Texas Penal Code \u00a7 25.01.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.25.htm#25.01\", \"cite\": \"Texas Penal Code \u00a7 25.01\", \"heading\": \"BIGAMY\", \"support\": \"purports to marry or does marry a person other than his spouse\", \"verdict\": \"supported\", \"law_text\": \"\u2026 25.01. BIGAMY. (a) An individual commits an offense if: (1) he is legally married and he: (A) purports to marry or does marry a person other than his spouse in this state, or any other state or foreign country, under circumstances that would, but for the actor's prior marriage, constitute a marriage; or (B) lives with a person other than his spouse in this state under the appearance of being married; or (2) he knows that a married person other than his spouse is married and he: \u2026\", \"sentence\": \"It covers a legally married person who marries, or lives under the appearance of being married with, someone other than the spouse.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.22.htm#22.011\", \"cite\": \"Texas Penal Code \u00a7 22.011\", \"heading\": \"SEXUAL ASSAULT\", \"support\": \"a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01\", \"verdict\": \"supported\", \"law_text\": \"\u2026 or (ii) was not a person who under Chapter 62, Code of Criminal Procedure, had a reportable conviction or adjudication for an offense under this section; and (B) the victim: (i) was a child of 14 years of age or older; and (ii) was not: (a) a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01; or (b) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02. (f) An offense under this section is a felony of the second degree, except that an offense under this section is: (1) a felony of the first degree if the victim was: \u2026\", \"sentence\": \"Section 22.011 raises the offense level when the victim is someone the actor was prohibited from marrying, or living with as if married, under \u00a7 25.01.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.22.htm#22.011\", \"cite\": \"Texas Penal Code \u00a7 22.011\", \"heading\": \"SEXUAL ASSAULT\", \"support\": \"a felony of the first degree if the victim was: (A) a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01\", \"verdict\": \"supported\", \"law_text\": \"\u2026 or (b) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02. (f) An offense under this section is a felony of the second degree, except that an offense under this section is: (1) a felony of the first degree if the victim was: (A) a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01; or (B) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02; \u2026\", \"sentence\": \"The marriage rule becomes part of the sexual assault charge.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.22.htm#22.011\", \"cite\": \"Texas Penal Code \u00a7 22.011\", \"heading\": \"SEXUAL ASSAULT\", \"support\": \"An offense under this section is a felony of the second degree, except that an offense under this section is:\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (a) a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01; or (b) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02. (f) An offense under this section is a felony of the second degree, except that an offense under this section is: (1) a felony of the first degree if the victim was: (A) a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01; \u2026\", \"sentence\": \"A bigamy-related element can raise a sexual assault charge from a second-degree felony to a first-degree felony.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.12.htm#12.04\", \"cite\": \"Texas Penal Code \u00a7 12.04\", \"heading\": \"CLASSIFICATION OF FELONIES\", \"support\": \"Felonies are classified according to the relative seriousness of the offense into five categories:\", \"verdict\": \"supported\", \"law_text\": \"Sec. 12.04. CLASSIFICATION OF FELONIES. (a) Felonies are classified according to the relative seriousness of the offense into five categories: (1) capital felonies; (2) felonies of the first degree; (3) felonies of the second degree; (4) felonies of the third degree; and (5) state jail felonies. (b) An offense designated a felony in this code without specification as to category is a state jail felony.\", \"sentence\": \"Texas sorts felonies into categories by seriousness, including first, second and third degree felonies (Texas felony categories).\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.22.htm#22.011\", \"cite\": \"Texas Penal Code \u00a7 22.011\", \"heading\": \"SEXUAL ASSAULT\", \"support\": \"An offense under this section is a felony of the second degree, except that an offense under this section is:\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (a) a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01; or (b) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02. (f) An offense under this section is a felony of the second degree, except that an offense under this section is: (1) a felony of the first degree if the victim was: (A) a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01; \u2026\", \"sentence\": \"Under the base rule, sexual assault is a second-degree felony.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.22.htm#22.011\", \"cite\": \"Texas Penal Code \u00a7 22.011\", \"heading\": \"SEXUAL ASSAULT\", \"support\": \"a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02\", \"verdict\": \"supported\", \"law_text\": \"\u2026 and (B) the victim: (i) was a child of 14 years of age or older; and (ii) was not: (a) a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01; or (b) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02. (f) An offense under this section is a felony of the second degree, except that an offense under this section is: (1) a felony of the first degree if the victim was: \u2026\", \"sentence\": \"A related first-degree level applies to certain victims covered by \u00a7 25.02.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.12.htm#12.33\", \"cite\": \"Texas Penal Code \u00a7 12.33\", \"heading\": \"SECOND DEGREE FELONY PUNISHMENT\", \"support\": \"shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years\", \"verdict\": \"supported\", \"law_text\": \"Sec. 12.33. SECOND DEGREE FELONY PUNISHMENT. (a) An individual adjudged guilty of a felony of the second degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years. (b) In addition to imprisonment, an individual adjudged guilty of a felony of the second degree may be punished by a fine not to exceed $10,000.\", \"sentence\": \"The statute sets these ranges:\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.12.htm#12.33\", \"also\": [{\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.12.htm#12.33\", \"cite\": \"Texas Penal Code \u00a7 12.33\", \"heading\": \"SECOND DEGREE FELONY PUNISHMENT\", \"support\": \"may be punished by a fine not to exceed $10,000\", \"law_text\": \"Sec. 12.33. SECOND DEGREE FELONY PUNISHMENT. (a) An individual adjudged guilty of a felony of the second degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years. (b) In addition to imprisonment, an individual adjudged guilty of a felony of the second degree may be punished by a fine not to exceed $10,000.\"}], \"cite\": \"Texas Penal Code \u00a7 12.33\", \"heading\": \"SECOND DEGREE FELONY PUNISHMENT\", \"support\": \"shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years\", \"verdict\": \"supported\", \"law_text\": \"Sec. 12.33. SECOND DEGREE FELONY PUNISHMENT. (a) An individual adjudged guilty of a felony of the second degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years. (b) In addition to imprisonment, an individual adjudged guilty of a felony of the second degree may be punished by a fine not to exceed $10,000.\", \"sentence\": \"**Second-degree felony:** 2 to 20 years in the Texas Department of Criminal Justice, plus a fine up to $10,000 (second-degree felony penalties).\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.12.htm#12.32\", \"also\": [{\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.12.htm#12.32\", \"cite\": \"Texas Penal Code \u00a7 12.32\", \"heading\": \"FIRST DEGREE FELONY PUNISHMENT\", \"support\": \"may be punished by a fine not to exceed $10,000\", \"law_text\": \"Sec. 12.32. FIRST DEGREE FELONY PUNISHMENT. (a) An individual adjudged guilty of a felony of the first degree shall be punished by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 5 years. (b) In addition to imprisonment, an individual adjudged guilty of a felony of the first degree may be punished by a fine not to exceed $10,000.\"}], \"cite\": \"Texas Penal Code \u00a7 12.32\", \"heading\": \"FIRST DEGREE FELONY PUNISHMENT\", \"support\": \"shall be punished by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 5 years\", \"verdict\": \"supported\", \"law_text\": \"Sec. 12.32. FIRST DEGREE FELONY PUNISHMENT. (a) An individual adjudged guilty of a felony of the first degree shall be punished by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 5 years. (b) In addition to imprisonment, an individual adjudged guilty of a felony of the first degree may be punished by a fine not to exceed $10,000.\", \"sentence\": \"**First-degree felony:** 5 to 99 years, or life, plus a fine up to $10,000 (first-degree felony penalties).\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.12.htm#12.33\", \"cite\": \"Texas Penal Code \u00a7 12.33\", \"heading\": \"SECOND DEGREE FELONY PUNISHMENT\", \"support\": \"for any term of not more than 20 years or less than 2 years\", \"verdict\": \"supported\", \"law_text\": \"Sec. 12.33. SECOND DEGREE FELONY PUNISHMENT. (a) An individual adjudged guilty of a felony of the second degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years. (b) In addition to imprisonment, an individual adjudged guilty of a felony of the second degree may be punished by a fine not to exceed $10,000.\", \"sentence\": \"These are legal limits.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.25.htm#25.01\", \"cite\": \"Texas Penal Code \u00a7 25.01\", \"heading\": \"BIGAMY\", \"support\": \"It is a defense to prosecution under Subsection (a)(1) that the actor reasonably believed at the time of the commission of the offense\", \"verdict\": \"supported\", \"law_text\": \"\u2026 or (B) lives with that person in this state under the appearance of being married. (b) For purposes of this section, \\\"under the appearance of being married\\\" means holding out that the parties are married with cohabitation and an intent to be married by either party. (c) It is a defense to prosecution under Subsection (a)(1) that the actor reasonably believed at the time of the commission of the offense that the actor and the person whom the actor married or purported to marry or with whom the actor lived under the appearance of being married were legally eligible to be married because the actor's prior marriage was void or had been dissolved by death, divorce, or annulment. \u2026\", \"sentence\": \"**Reasonable belief.** Under \u00a7 25.01(c), a defense exists if the actor reasonably believed the prior marriage was void or had ended by death, divorce, or annulment.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.25.htm#25.01\", \"cite\": \"Texas Penal Code \u00a7 25.01\", \"heading\": \"BIGAMY\", \"support\": \"an actor's belief is reasonable if the belief is substantiated by a certified copy of a death certificate or other signed document issued by a court\", \"verdict\": \"supported\", \"law_text\": \"\u2026 For purposes of this subsection, an actor's belief is reasonable if the belief is substantiated by a certified copy of a death certificate or other signed document issued by a court. (d) For the purposes of this section, the lawful wife or husband of the actor may testify both for or against the actor concerning proof of the original marriage. \u2026\", \"sentence\": \"That belief must be backed by a certified death certificate or a signed court document.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.25.htm#25.01\", \"cite\": \"Texas Penal Code \u00a7 25.01\", \"heading\": \"BIGAMY\", \"support\": \"the lawful wife or husband of the actor may testify both for or against the actor concerning proof of the original marriage\", \"verdict\": \"supported\", \"law_text\": \"\u2026 For purposes of this subsection, an actor's belief is reasonable if the belief is substantiated by a certified copy of a death certificate or other signed document issued by a court. (d) For the purposes of this section, the lawful wife or husband of the actor may testify both for or against the actor concerning proof of the original marriage. (e) An offense under this section is a felony of the third degree, except that if at the time of the commission of the offense, the person whom the actor marries or purports to marry or with whom the actor lives under the appearance of being married is: (1) 17 years of age, the offense is a felony of the second degree; \u2026\", \"sentence\": \"**Spouse testimony.** Under \u00a7 25.01(d), a lawful spouse may testify about proof of the original marriage, for or against the accused.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.25.htm#25.01\", \"cite\": \"Texas Penal Code \u00a7 25.01\", \"heading\": \"BIGAMY\", \"support\": \"An offense under this section is a felony of the third degree\", \"verdict\": \"supported\", \"law_text\": \"\u2026 For purposes of this subsection, an actor's belief is reasonable if the belief is substantiated by a certified copy of a death certificate or other signed document issued by a court. (d) For the purposes of this section, the lawful wife or husband of the actor may testify both for or against the actor concerning proof of the original marriage. (e) An offense under this section is a felony of the third degree, except that if at the time of the commission of the offense, the person whom the actor marries or purports to marry or with whom the actor lives under the appearance of being married is: (1) 17 years of age, the offense is a felony of the second degree; or (2) 16 years of age or younger, the offense is a felony of the first degree.\", \"sentence\": \"**What is the charge for bigamy in Texas?** Bigamy is a third-degree felony under Texas Penal Code \u00a7 25.01.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.25.htm#25.01\", \"also\": [{\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.25.htm#25.01\", \"cite\": \"Texas Penal Code \u00a7 25.01\", \"heading\": \"BIGAMY\", \"support\": \"16 years of age or younger, the offense is a felony of the first degree\", \"law_text\": \"\u2026 (e) An offense under this section is a felony of the third degree, except that if at the time of the commission of the offense, the person whom the actor marries or purports to marry or with whom the actor lives under the appearance of being married is: (1) 17 years of age, the offense is a felony of the second degree; or (2) 16 years of age or younger, the offense is a felony of the first degree.\"}], \"cite\": \"Texas Penal Code \u00a7 25.01\", \"heading\": \"BIGAMY\", \"support\": \"17 years of age, the offense is a felony of the second degree\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (e) An offense under this section is a felony of the third degree, except that if at the time of the commission of the offense, the person whom the actor marries or purports to marry or with whom the actor lives under the appearance of being married is: (1) 17 years of age, the offense is a felony of the second degree; or (2) 16 years of age or younger, the offense is a felony of the first degree.\", \"sentence\": \"It rises to a second-degree felony if the other person was 17, and to a first-degree felony if 16 or younger.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.25.htm#25.01\", \"cite\": \"Texas Penal Code \u00a7 25.01\", \"heading\": \"BIGAMY\", \"support\": \"Sec. 25.01. BIGAMY. (a) An individual commits an offense if:\", \"verdict\": \"supported\", \"law_text\": \"Sec. 25.01. BIGAMY. (a) An individual commits an offense if: (1) he is legally married and he: (A) purports to marry or does marry a person other than his spouse in this state, or any other state or foreign country, under circumstances that would, but for the actor's prior marriage, constitute a marriage; or (B) lives with a person other than his spouse in this state under the appearance of being married; \u2026\", \"sentence\": \"**What does it mean to be charged with bigamy?** It means a prosecutor has alleged that a person broke the bigamy rule in \u00a7 25.01.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.12.htm#12.34\", \"cite\": \"Texas Penal Code \u00a7 12.34\", \"heading\": \"THIRD DEGREE FELONY PUNISHMENT\", \"support\": \"shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 10 years or less than 2 years\", \"verdict\": \"supported\", \"law_text\": \"Sec. 12.34. THIRD DEGREE FELONY PUNISHMENT. (a) An individual adjudged guilty of a felony of the third degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 10 years or less than 2 years. (b) In addition to imprisonment, an individual adjudged guilty of a felony of the third degree may be punished by a fine not to exceed $10,000.\", \"sentence\": \"**Do people actually go to jail for bigamy?** The statute sets the penalty ranges.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.12.htm#12.33\", \"also\": [{\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.12.htm#12.32\", \"cite\": \"Texas Penal Code \u00a7 12.32\", \"heading\": \"FIRST DEGREE FELONY PUNISHMENT\", \"support\": \"shall be punished by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 5 years\", \"law_text\": \"Sec. 12.32. FIRST DEGREE FELONY PUNISHMENT. (a) An individual adjudged guilty of a felony of the first degree shall be punished by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 5 years. (b) In addition to imprisonment, an individual adjudged guilty of a felony of the first degree may be punished by a fine not to exceed $10,000.\"}], \"cite\": \"Texas Penal Code \u00a7 12.33\", \"heading\": \"SECOND DEGREE FELONY PUNISHMENT\", \"support\": \"shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years\", \"verdict\": \"supported\", \"law_text\": \"Sec. 12.33. SECOND DEGREE FELONY PUNISHMENT. (a) An individual adjudged guilty of a felony of the second degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years. (b) In addition to imprisonment, an individual adjudged guilty of a felony of the second degree may be punished by a fine not to exceed $10,000.\", \"sentence\": \"**How much jail time is possible for sexual assault in Texas?** For a sexual assault bigamy Texas charge, a second-degree felony carries 2 to 20 years in prison, and a first-degree felony carries 5 to 99 years or life.\"}], \"languages\": [{\"code\": \"en\", \"post_id\": 340}]}","chg_sendback":"","chg_canonical":"","chg_lang":"","chg_hreflang":"","chg_jsonld":"[{\"@context\": \"https:\/\/schema.org\", \"speakable\": {\"@type\": \"SpeakableSpecification\", \"cssSelector\": [\"article > p:first-of-type\", \".wp-block-details p\", \"article > h1\"]}, \"author\": {\"@type\": \"Person\", \"name\": \"Heather Barbieri\", \"url\": \"https:\/\/www.barbierilawfirm.com\/attorneys\/heather-barbieri\/\", \"jobTitle\": \"Founding Attorney, Board Certified in Criminal Law, Texas Board of Legal Specialization\", \"sameAs\": [\"https:\/\/www.texasbar.com\/AM\/Template.cfm?Section=Update_My_Profile&Template=\/CustomSource\/AttorneySearch\/MainProfileView.cfm&CFID=16102400&CFTOKEN=de0a8b038ec3c7b5-2AB4B1CB-5056-9551-D4D5BC06D0A3DEE5\", \"https:\/\/www.linkedin.com\/in\/heather-barbieri-3880184\", \"https:\/\/www.avvo.com\/attorneys\/75034-tx-heather-barbieri-1771243.html\"]}, \"publisher\": {\"@type\": \"Organization\", \"@id\": \"https:\/\/barbierilawfirm.com\/guides\/#organization\", \"name\": \"Barbieri Law Firm\", \"url\": \"https:\/\/barbierilawfirm.com\/\"}, \"reviewedBy\": {\"@type\": \"Person\", \"name\": \"Carrie Thomas\", \"jobTitle\": \"Managing Attorney\", \"sameAs\": [\"https:\/\/www.texasbar.com\/AM\/Template.cfm?Section=Update_My_Profile&Template=\/CustomSource\/AttorneySearch\/MainProfileView.cfm&CFID=16102400&CFTOKEN=de0a8b038ec3c7b5-2AB4B1CB-5056-9551-D4D5BC06D0A3DEE5\"]}, \"inLanguage\": \"en\", \"mainEntity\": [{\"@type\": \"Question\", \"name\": \"How much jail time is possible for sexual assault in Texas?\", \"acceptedAnswer\": {\"@type\": \"Answer\", \"text\": \"Under the base rule, sexual assault is a second-degree felony carrying 2 to 20 years in prison. When a circumstance listed in \u00a7 22.011(f) applies, including the bigamy-related element, it is a first-degree felony carrying 5 to 99 years or life. These are base ranges. Under Texas Penal Code \u00a7 12.42, prior felony convictions can raise the range, and certain repeat sex offenses carry a mandatory life sentence. 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