§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]



 



COMMENTARY ON §709-900



 



  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.



 



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§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.