Penal Law § 255.00

Unlawfully solemnizing a marriage · as in force on May 31, 2026

§ 255.00 Unlawfully solemnizing a marriage.

A person is guilty of unlawfully solemnizing a marriage when:

1. Knowing that he is not authorized by the laws of this state to do so, he performs a marriage ceremony or presumes to solemnize a marriage; or

2. Being authorized by the laws of this state to perform marriage ceremonies and to solemnize marriages, he performs a marriage ceremony or solemnizes a marriage knowing that a legal impediment to such marriage exists.

Unlawfully solemnizing a marriage is a class A misdemeanor.

Official sourcehttps://www.nysenate.gov/legislation/laws/PEN/255.00

In plain English

A person unlawfully solemnizes a marriage by:

(1) Performing or purporting to perform a marriage ceremony while knowing they lack authority under New York law; or
(2) While authorized, performing the ceremony knowing a legal impediment to the marriage exists. ★

The offense is a class A misdemeanor.

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 4 — The Court Clerk: Penal Law; Volume 1 — The Court Officer in Plain English; Volume 3 — The Court Officer: Penal Law; Volume 3 — Your Career: Penal Law in Plain English.