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Yes, polygamy is illegal, but only when you are legally married to more than one person.

In Texas it is considered Bigamy if you are legally married to one person and you are living with another under circumstances that would lead anyone else to believe that you are married.

Sec. 25.01. BIGAMY. (a) An individual commits an offense if

(1) he is legally married and he:

(A) purports to marry or does marry a person other than his spouse in this state, or any other state or foreign country, under circumstances that would, but for the actor's prior marriage, constitute a marriage; or

(B) lives with a person other than his spouse in this state under the appearance of being married; or

(2) he knows that a married person other than his spouse is married and he:

(A) purports to marry or does marry that person in this state, or any other state or foreign country, under circumstances that would, but for the person's prior marriage, constitute a marriage; or

(B) lives with that person in this state under the appearance of being married.

(b) For purposes of this section, "under the appearance of being married" means holding out that the parties are married with cohabitation and an intent to be married by either party.

So if any of these men were legally married to any other woman, and then lived with another person under the appearance of being married then they have committed bigamy.

While Bigamy is a misdemeanor, conspiracy to commit a misdemeanor is a felony. Since the FLDS Church officials purport to marry these people knowing that they are going to be committing bigamy, you have a conspiracy to commit a misdemeanor and hence these guys can be prosecuted as felons.

Thanks for posting this. I knew I’d read Texas’ bigamy statutes somewhere, but couldn’t find them. It’s funny-—people essentially keep making the argument that it’s impossible to commit the crime of polygamy because it’s, well..illegal. This begs the question-—Why bother making anything illegal if it’s impossible to commit the crime?

Is that actually the way the law was written, if you live with another woman before divorcing the first, you are considered a bigamist and can be prosecuted? Wow, there must be a lot of guilty people in the state of Texas.