709-900 Illegally marrying. (1) A person commits the offense of illegally marrying if the person intentionally marries or purports to marry, knowing that the person is legally ineligible to do so.

(2) Illegally marrying is a petty misdemeanor. [L 1972, c 9, pt of 1; gen ch 1993]




This section is intended to serve two purposes: (1) to protect a party to a purported marriage from imposition and deception, and (2) to reinforce the statute setting forth the minimal requirements for valid marriage. The Code imposes its lowest form of criminal liability for intentionally marrying or purporting to marry when the actor knows the actor is ineligible to do so. Except to the extent that the previous offense relating to incest[1] covered some aspects of this conduct, this offense represents an addition to Hawaii law.



709-900 Commentary:


1. See H.R.S. 768-41 which makes it an offense to "marry" or engage in sexual intercourse with any person with whom marriage is prohibited by consanguinity or affinity. See also H.R.S. 572-1.



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