Polygamy in New York is understood as the act of maintaining more than one marital relationship at the same time, and the state treats it strictly as a criminal matter. Although everyday language uses the term polygamy, New York law addresses the conduct through the offense of bigamy, which is the legal prohibition against entering a second marriage while a prior one is still valid.
It is important to understand that New York is committed to monogamous marriage requirements, and refuses to recognize plural marriages for any legal purpose. Specifically, under New York Penal Law Section 255.15, a person commits bigamy when they “contract or purport to contract a marriage” with someone else while either party already has a living spouse.
That statute covers both actual and attempted marriages, and it further classifies bigamy as a Class E felony, carrying potential criminal penalties.
Anyone seeking clarity on how this statute applies to their circumstances is often encouraged to pursue a lawyer consultation, especially with a New York lawyer familiar with family and criminal law.
Because New York defines polygamy through its bigamy statute, any attempt to formalize multiple simultaneous marriages, regardless of cultural, religious, or personal motivations, has no legal effect and may trigger prosecution. Once again, this is because the state does not recognize plural marriages performed elsewhere if one spouse was already legally married.
Individuals with any questions about the polygamy definition, marriage requirements, or potential legal exposure typically benefit from speaking directly with a qualified attorney. An attorney can provide guidance tailored to an individual’s exact situation.
What Are the Differences Between Polygamy and Bigamy?
Polygamy and bigamy describe related but entirely distinct concepts. Polygamy is a broad term that refers to any marital system in which a person has multiple spouses at the same time, whether culturally, religiously, or socially recognized. Bigamy, by contrast, is a legal term that refers specifically to the act of entering into a second marriage while a first, legally valid marriage is still in effect.
In other words, polygamy is a general practice or structure, while bigamy is the criminalized act of attempting to create more than one legally recognized marriage. Polygamy can exist in cultural or religious contexts without legal recognition, but bigamy is always tied to violating marriage laws.
Under New York law, the distinction becomes even sharper because the state does not legally define or recognize polygamy at all. Instead, New York prosecutes the conduct exclusively through its bigamy statute. As noted above, bigamy in New York is governed by New York Penal Law Section 255.15. That law makes it a felony to “contract or purport to contract a marriage” when either party already has a living spouse.
Once again New York treats any attempt at plural marriage, regardless of cultural or religious motivation, as a violation of its monogamous marriage framework. As a result, while polygamy may exist as a social or religious concept, New York law focuses solely on the actionable offense of bigamy, making the legal difference between the two especially significant within the state.
Can You Go to Jail for Polygamy?
Yes, you can face jail time for conduct that amounts to polygamy because the law treats it as bigamy, which is the act of entering a new legal marriage while a prior valid marriage is still in place. Although the word polygamy is often used in everyday conversation, criminal statutes focus on the attempt to create multiple legally recognized marriages.
Both federal law and state laws classify bigamy as a criminal offense, meaning that someone who knowingly tries to formalize more than one marriage can be prosecuted and potentially incarcerated. The key factor is the existence of a valid, ongoing marriage at the time a second marriage is attempted.
iOnce again, In New York, this issue is governed by New York Penal Law Section 255.15, which makes it a felony to “contract or purport to contract a marriage” when either party already has a living spouse. New York also does not recognize common law marriage, so only formally executed marriages count when determining whether bigamy has occurred.
It is important to note that living with multiple partners or participating in non legal ceremonies is not a crime. However, attempting to legally marry more than one person can lead to criminal charges and possible jail time in the state.
What Are the Penalties for Polygamy in New York?
As noted above, polygamy in New York is prosecuted under the crime of bigamy, which applies when someone attempts to enter a new legal marriage while a prior marriage is still valid. Because New York recognizes only monogamous marriages, any effort to create multiple legal marriages, whether through a ceremony, license application, or a claimed marital relationship, can trigger criminal liability. The state treats such conduct as a felony.
Under New York Penal Law Section 255.15, bigamy is classified as a Class E felony. This means that a conviction can lead to significant legal consequences. New York does not recognize common law marriage, so only formally executed marriages count when determining whether bigamy has occurred. Still, once a valid marriage exists, attempting to enter another can result in prosecution and the penalties that follow.
Examples of common criminal penalties New York for polygamy (bigamy) include:
- Class E felony classification: A conviction for bigamy is in New York’s lowest felony category, but it still carries serious long term consequences
- Potential imprisonment of up to four years: A judge may impose a state prison sentence depending on the circumstances, prior record, and aggravating factors
- Possible fines imposed at the court’s discretion: Courts may order financial penalties in addition to or instead of incarceration
- Criminal record affecting employment, licensing, and immigration consequences: A felony conviction can limit job opportunities, professional licensing eligibility, and immigration status
- Probation supervision: Instead of or following incarceration, a court may impose probation with strict conditions such as reporting requirements, travel restrictions, and compliance monitoring
- Protective or no contact orders in related family law disputes: If the bigamy charge is connected to marital conflict, courts may issue orders limiting contact with involved parties
- Impact on divorce, custody, and family law proceedings: A bigamy conviction can influence how courts view credibility, parental fitness, or marital misconduct in related civil cases
- Loss of certain civil rights: A felony conviction may affect rights such as firearm possession and eligibility for certain public benefits or housing programs
- Financial obligations such as court fees, surcharges, or restitution: Even when fines are not imposed, defendants often face mandatory fees and administrative costs
- Reputational harm and social consequences: A felony conviction for bigamy can also create long term stigma that affects personal relationships and community standing
Should I Contact a New York Lawyer?
As can be seen, the penalties for bigamy in New York can be severe. As such, if you have been charged with bigamy in New York, it is recommended to set up a consultation with an experienced New York criminal lawyer. LegalMatch can assist you in locating an attorney who understands both the criminal and family law implications of a bigamy charge.
A qualified attorney will be able to explain how New York law applies to your situation, evaluate whether any legal defenses may be available to you, and help you understand the potential consequences. Once again, because bigamy is treated as a felony, the stakes are high, and early legal guidance can make a meaningful difference in how the case proceeds.
In addition to addressing the criminal aspects, a lawyer can also help you navigate related issues such as marriage validity, prior divorce documentation, or misunderstandings involving out‑of‑state or international marriages.
Because New York does not recognize common law marriage, which can complicate how certain relationships are viewed legally, an attorney will be able to help you clarify how that affects your case. Finally, an attorney can also represent you throughout the entire criminal procedure process, and represent you in court.
