South Dakota Code § 22-22A-1

Bigamy--Exceptions--Felony
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Any person who, while married to another presently living person, marries any other person, is guilty of bigamy. The provisions of this section do not apply to:
(1) Any person, if that person's husband or wife has been absent for five successive years and is not known to be living by such person;
(2) Any person, if that person's husband or wife has absented himself or herself from such spouse by being outside the United States, continuously for at least five years;
(3) Any person, if that person's marriage has been pronounced void, annulled, or dissolved by a competent court; or
(4) Any person, presently married, who believes, in good faith, and has reason to believe, that the marriage has been pronounced void, annulled, or dissolved by a competent court.
Bigamy is a Class 6 felony.

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