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. (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. (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. (3) Any person, if that person's marriage has been pronounced void, annulled, or dissolved by a competent court; or
4. (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.

Source: SDC 1939, § 13.1713; SL 1976, ch 158 , § 22-6 ; SL 2000, ch 104 , § 1; SDCL, § 22-22-15 ; SL 2005, ch 120 , §§ 19, 23.