Is incest illegal? You might be surprised to know that this is a question that most people want to know about on the internet. But, when it comes to legality, almost all states prohibit consensual sexual conduct between close relatives.
One of the reasons such legislation is in place is the protection of family stability and the prevention of genetic disorders, which have a high probability of occurrence in the children of such relationships.
Besides that, incest can eventually be associated with child sexual abuse, even though they are considered different crimes and have separate penalties.
Presently, the extent of forbidden relationships between members of the same family and the definition of off-limits behaviors differ in each state.
That, however, does not change the fact that the objectives and policy considerations that support incest prohibition laws are still quite similar across the American states.
In this article, I will talk about:
- Is incest legal?
- What are the laws regarding incest?
- Penalties for incest.
- Legal defenses against incest charges
Additionally, I will also talk about when the best time is to contact a lawyer. So, if these are some of the things that you want to know, keep on reading this article till the end…
Is Incest Illegal?
Most of the time, the term “incest” is used to describe sexual relations with some close family members.
However, there are situations where a marriage or living together is sufficient to define the relationship as incestuous. At present, there are a number of conditions that lead to a family relationship being incestuous.
To give an example, when the charge is to convince a jury of the defendant’s guilt in a case of incest, it is essential that the prosecutor first outlines which particular statute the defendant has violated by the conduct in question.
Some jurisdictions, like Georgia and Illinois, define the crime of incest as sexual intercourse and penetration only. In contrast, in states such as Michigan and Washington, incest is illegal, and sexual conduct is considered to be a crime of incest.
What Are The State Laws Regarding Incest?
As per California law, incest refers to the act of choosing a close family member as a life partner and having sexual relations with that person, even if it is a consensual one. So, yes, incest is illegal here.
‘Sexual intercourse’ denotes only the vaginal penetration, and family ties include relations between parents and children, brothers and sisters (full or half), uncles and aunts, and nephews and nieces.
If a person is found guilty, they are given a sentence of 16 months to 3 years in state prison, can be fined up to $10,000, and will be on the Tier 2 sex offender list for 20 years.
The first-degree incest in Colorado is defined as the sexual penetration between:
- Direct ancestors.
- Brothers and sisters.
- Niece and nephew.
The imprisonment is for the duration of 2–6 years, plus the person can be fined up to $500,000. The aggravated incest (second degree) gets the punishment harsher, up to 4–12 years in prison, along with a fine of up to $750,000.
However, according to the laws in the state of Virginia, sexual intercourse between relatives is illegal. In addition to this, the act of a parent and child getting married is classified as a Class 5 felony.
If the minor parent is between the ages of 13 and 17, it is a Class 3 felony. Other incest types have been classified as misdemeanors.
In Washington, the first degree (knowingly engaging in intercourse with close relatives) practice of incest is a Class B felony, while that of the second degree (sexual contact) is a Class C felony.
Read Also: What’s The Difference Between A Felony And A Misdemeanor?
What Is The Federal Jurisdiction Over Incest?
While incest is illegal and is primarily handled under state criminal law, federal incest charges may arise when the conduct crosses state lines or occurs on federal property.
According to Leppard Law, penalties under federal law tend to be more severe due to the broader jurisdiction and resources involved. They state:
“Unlike state charges, which are prosecuted under state criminal codes, federal charges are handled by federal agencies such as the FBI and prosecuted in federal courts. This distinction is important because the resources and reach of federal law enforcement agencies can significantly influence the prosecution process and the potential outcomes for defendants.”
Why Is Incest Criminalized?
There are several reasons why incest is often considered or labeled a criminal offense. Some of the most common reasons worldwide are as follows:
- Preventing Exploitation.
- Genetic Concerns.
- Societal and Moral Norms.
Incest often involves uneven power dynamics or coercion, even if superficially consensual. This is a great reason why most jurisdictions often criminalize this form of a relationship.
Prohibiting incest helps lower the risk of birth defects from inbreeding. According to Eisner Gorin LLP, California, for example, defines incest narrowly to involve only acts that could result in pregnancy.
Additionally, laws reflect deep-rooted values about family taboos and preserving familial boundaries. As a result, in order to maintain order in society, such relationships are criminalized.
Read Also: How Long Does A Felony Stay On Your Record?
What Are The Penalties For Incest?
Criminal penalties for incest differ from one state to another. However, almost all the states have laws that allow for incestuous relationships to be punished with a felony.
The felony sentences can be from one year or more up to life in prison. You should note that there are no standard penalties for incest. The sentences can be from a few years to several decades in prison.
The implications of an incest case could be the following:
- Varied Sentences: The sentence depends on the area the case is brought in and can range from a few years to life imprisonment. The presence of an aggravated incest disorder or the involvement of minors in the case determines the charges and the penalties.
- Sex Offender Registration: Most convictions necessitate registration as a sex offender—for instance, in California, a 20-year registrant commitment is obligatory.
- Collateral Consequences: Among such consequences are difficulties in finding employment, the social stigma, restrictions in parental or immigration rights, and long-term monitoring.
Some of the potential terms include:
| State | Prison Term |
| Arizona | 1.5-3 years |
| Illinois | 2-5 years |
| Missouri | 1-4 years |
| Texas | 2-10 years |
| Washington | Up to 10 years (sexual intercourse); up to 5 years (sexual contact) |
Read Also: Sexting Laws in Florida: A Guide For You
How To Defend Yourself Legally Against Incest Charges?
It is very important that you know how to legally defend yourself when you face charges of incest. At times, a defendant may claim that they had no part in the conduct mentioned in the law.
Let’s say, for example, that the defendant was involved in a brief romantic relationship with their stepsister. However, they didn’t engage in sexual touching only. In a state where the law requires sexual intercourse or penetration for the act of incest, this would be non-incest.
Alternatively, the defendant might argue that they did not know about the family relationship. While this fact would not save the marriage with their relative, it still could be a possible factor in dismissing a criminal charge.
Moreover, the defendants might discredit the prosecution witnesses as another method. Assuming that the person who accuses the defendant of having sexual relations with a common family member is lying, perhaps because they are holding a grudge against the defendant, which is their motive.
Or maybe the accuser, by mistake, has misjudged the incident or the conversation. For instance, a woman who only happened to talk about her father’s genitalia might have seen his penis by mistake and therefore not have had sex with him.
Here are some of the most common defenses that one can use when facing incest charges:
- Lack of Knowledge: If the defendant genuinely didn’t know they were related (e.g., discover half-sibling status later), this can challenge the element of intent.
- False Allegations or Misidentification: Incidents involving child custody or familial disputes may lead to wrongful accusations.
As reported by Nolo, you should keep in mind that you cannot argue about consent when facing such a charge.
Your Legal Guide: When To Contact A Lawyer?
Legal representation is extremely important when you are facing incest charges. They can assess:
- Jurisdiction-specific statutes and precedents.
- Possible defenses based on lack of intent, knowledge, or misclassification.
- Plea options or alternative charges.
- Mitigation to reduce collateral consequences.
It is best that you consider consulting a criminal defense lawyer. They are the best legal professionals who can evaluate the strength of the prosecution’s case against you.
