Saturday, March 10, 2018

Four Legal Ways To Be A Bigamist


  Bigamy remains illegal in Oklahoma. That's no surprise. But there are 4 situations where the bigamist will not be prosecuted.

  1. Any person whose husband or wife by a former marriage has been absent for five (5) successive years without being known to such person within that time to be living; nor,
  2. Any person whose husband or wife by a former marriage has absented himself or herself from his wife or her husband and has been continually remaining without the United States for a space of five (5) years together; nor,
  3. Any person by reason of any former marriage which has been pronounced void, annulled or dissolved by the judgment of a competent court; nor,
  4. Any person by reason of any former marriage with a husband or wife who has been sentenced to imprisonment for life.

§21-881. Bigamy defined.

Every person who having been married to another who remains living, marries any other person except in the cases specified in the next section is guilty of bigamy.
R.L.1910, § 2439.

§21-882.  Exceptions to the rule of bigamy.

The last preceding section does not extend:
1.  To any person whose husband or wife by a former marriage has been absent for five (5) successive years without being known to such person within that time to be living; nor,
2.  To any person whose husband or wife by a former marriage has absented himself or herself from his wife or her husband and has been continually remaining without the United States for a space of five (5) years together; nor,
3.  To any person by reason of any former marriage which has been pronounced void, annulled or dissolved by the judgment of a competent court; nor,
4.  To any person by reason of any former marriage with a husband or wife who has been sentenced to imprisonment for life.

Sunday, March 4, 2018

Criminal Asset Forfeiture Generally Forbidden

  Even when crimes have been committed and guilt has been established, Asset Forfeiture is generally illegal, in Oklahoma.
   Our first legal code was established in 1910. And unless a specific crime has a stated statutory penalty of the loss of property used in that crime or gained through the illegal activity; there is to be a protection of property rights for the convicted individual. Treason is the one exception stated in this matter.

§21-68.  Conviction does not work forfeiture.

No conviction of any person for crime works any forfeiture of any property, except in the cases of any outlawry for treason, and other cases in which a forfeiture is expressly imposed by law.