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In the United States, the legality of incest varies widely between jurisdictions regarding both the definition of the offense and penalties for its commission.
In all but two states (and the special case of Ohio, which "targets only parental figures"),[1] incest is criminalized between consenting adults. In New Jersey and Rhode Island, incest between consenting adults (16 or over for Rhode Island, 18 or over for New Jersey) is not a criminal offense, though marriage is not allowed in either state. New Jersey also increases the severity of underage sex offenses by a degree if they are also incestuous, and criminalizes incest with 16-17 year olds (the normal age of consent in New Jersey is 16). Ohio allows incest between consenting adults only when one party is not a parental figure (see table below) to the other.
As of 2010, cases of incest involving consenting adults are often not revealed to outside parties, and therefore prosecutions of these cases do not frequently occur. Cases of parent-adult child incest exposed to law enforcement are usually uncovered by another parent.[2]
The table below summarizes these laws for individual U.S. States and the District of Columbia.
Either legitimately or illegitimately:
His ancestor or descendant by blood or adoption; or
His brother or sister of the whole or half-blood or by adoption; or
His stepchild or stepparent, while the marriage creating the relationship exists; or
His aunt, uncle, nephew or niece of the whole or half-blood.[4]
A Class C felony,[4] punishable by a prison term of "...not more than 10 years or less than 1 year and 1 day..."[5] and a fine of up to $15,000.[6]
Either legitimately or illegitimately:
an ancestor or descendant of the whole or half blood; or
a brother or sister of the whole or half blood; or
an uncle, aunt, nephew, or niece by blood.[7]
A Class C felony,[7] punishable by a prison term "between 1 to 5 years"[8] and up to a $50,000 fine.[9]
A person he knows to be:
his ancestor or descendant by blood or adoption; or
his stepchild or stepparent, while the marriage creating that relationship exists and while the stepchild is 18 years of age or less; or
his brother or sister of the whole or half-blood; or
his uncle, aunt, nephew, or niece of the whole blood.[10]
Marriage, sexual intercourse, deviate sexual intercourse[10]
A Class D felony,[10] punishable by a prison term "not to exceed 5 years"[11] and up to a $5,000 fine.[12]
Persons with degrees of consanguinity which makes marriage incestuous and void.[13] These are:
between parents and children, including grandparents and grandchildren of every degree
between brothers and sisters of the one-half as well as the whole blood, and
between uncles and nieces, aunts and nephews and between first cousins
Exception: first cousins may marry if both are 65 years of age or older, and can prove to a superior court judge in the state that one of the cousins is unable to reproduce.[14]
Marriage, intercourse (cited in state law as fornication), or adultery[13]
A class 4 felony,[13] with an imprisonment term ranging between 1 and 3 and three-quarter years, depending on the severity.[15]
The person committing the act being at least 16 years of age, knowingly, and without regard to legitimacy, including blood relationships:
An ancestor or a descendant;
A stepchild or adopted child;
A brother or sister of the whole or half blood;
An uncle, aunt, nephew, or niece; or
A stepgrandchild or adopted grandchild.[16]
Marriage, sexual intercourse, or deviate sexual activity with a prohibited person.[16]
A Class C felony[16] punishable by imprisonment from 3 to 10 years for the first offense[17] and a fine of up to $10,000.[18]
Being 14 years of age or olderα, persons within degrees of consanguinity which make marriages incestuous and void,[19] without regard to the legitimacy of the relationship. These are:
Parents and children
Ancestors and descendants of every degree
Siblings of the half or whole blood
Uncles or aunts & nieces or nephews[20]
Marriage, sexual intercourse (cited in state law as fornication) or adultery[19]
Registration as a sex offender (for life until January 1, 2021;[21] at least 20 years from date of conviction [if only serving probation] or date of release as of January 1, 2021[22])
Ancestor or descendant, including a natural child, child by adoption, or stepchild, a brother or sister of the whole or half blood, or an uncle, aunt, nephew, or niece of the whole blood ("descendant" includes a child by adoption and a stepchild, but only if the person is not legally married to the child by adoption or the stepchild).
Marriage, sexual penetration, sexual intrusion, sexual contact
Incest: 2y to 6y and $2,000 (minimum) to $500,000 fine; Aggravated incest: 4y to 12 y and $3,000 (minimum) to $750,000 fine[23] A conviction for incest or aggravated incest will also result in a sentence of lifetime supervision, which means electronic tagging for life, under the Lifetime Supervision of Sex Offenders Act 1998, which also applies to incest, under Part 10 of Title 18 of the Colorado Revised Statutes.
"a person is guilty of sexual assault in the third degree when such person engages in sexual intercourse with another person whom the actor knows to be related to him or her within any of the degrees of kindred specified in the statute that specifies which relatives are prohibited from marrying one another."[24]
Without regard to legitimacy or adoption, male & his child, parent, brother, sister, grandchild, niece or nephew, father's sister or brother, mother's sister or brother, father's wife, wife's child, child of his wife's son or daughter; female & her parent, child, brother, sister, grandchild, niece or nephew, father's sister or brother, mother's sister or brother, mother's husband, husband's child, child of her husband's son or daughter.
Any person related to another person (not including the 4th degree of consanguinity); marriage void if between man with his grandmother, grandfather's wife, wife's grandmother, father's sister, mother's sister, mother, stepmother, wife's mother, daughter, wife's daughter, son's wife, sister, son's daughter, daughter's daughter, son's son's wife, daughter's son's wife, wife's son's daughter, wife's daughter's daughter, brother's daughter, sister's daughter; between woman with her grandfather, grandmother's husband, husband's grandfather, father's brother, mother's brother, father, stepfather, husband's father, son, husband's son, daughter's husband, brother, son's son, daughter's son, son's daughter's husband, daughter's daughter's husband, husband's son's son, husband's daughter's son, brother's son, sister's son.
Marriage, cohabitation, sexual intercourse
Any person related by lineal consanguinity, or a brother, sister, uncle, aunt, nephew, or niece
Marriage, sexual intercourse (defined as the penetration of the female sex organ by the male sex organ, however slight; emission of semen is not required).
Up to 5y (up to 15y in some cases) and $5,000 fine[28]
Person known to be (by blood or marriage): (1) Father and child or stepchild; (2) Mother and child or stepchild; (3) Brother and sister of the whole blood or of the half blood; (4) Grandparent and grandchild; (5) Aunt and nephew; or (6) Uncle and niece.
Persons within degrees of consanguinity or affinity within which marriage is prohibited.
Persons within degrees of consanguinity which make marriages incestuous and void.
Marriage, sexual intercourse, adultery
Person related to other person as a (i) Brother or sister, either of the whole blood or the half blood; or (ii) Father or mother, when the child, regardless of legitimacy and regardless of whether the child was of the whole blood or half-blood or was adopted, was 18 years of age or over when the act was committed; or (iii) Stepfather or stepmother, when the stepchild was 18 years of age or over when the act was committed .
2y to 10y and $25,000 fine (more if specified)[32]
Person known to be biological parent, child, grandparent, grandchild, sibling, aunt, uncle, niece, or nephew.
Sexual intercourse, deviate sexual conduct, marriage (unless valid where entered)
Legitimately or illegitimately: Person knows to be ancestor, descendant, brother or sister of whole or half blood, aunt, uncle, niece or nephew.
An ancestor or descendant, a brother or sister of the whole or half blood or an uncle, aunt, nephew or niece of the whole blood.[35]
Knowing marriage or cohabitation[35]
Person known to be biologically related as parent, child, grandparent of any degree, grandchild of any degree, brother, sister, half-brother, half-sister, uncle, aunt, nephew, niece.
Marriage, sexual intercourse, sodomy
5m-13m (simple), 31m-136m (aggravated) and/or up to $100,000 fine for either simple or aggravated. [37]
Known ancestor, descendant, brother, or sister without regard to legitimacy, adoption, whole or half blood, or stepparent and stepchild.
Sexual intercourse or deviate sexual intercourse
Ascendant or descendant, brother or sister, uncle or niece, aunt or nephew (with knowledge), related by consanguinity either whole or half blood
Marriage (unless married legally in another state) or sexual intercourse.
Persons known to be within the 2nd degree of consanguinity (woman and her father, grandfather, son, grandson, brother, brother's son, sister's son, father's brother or mother's brother; man and his mother, grandmother, daughter, granddaughter, sister, brother's daughter, sister's daughter, father's sister or mother's sister).
Sexual intercourse (any penetration of the female sex organ by the male sex organ)
Persons who may not marry, within 3 degrees of lineal consanguinity or 1 degree of collateral consanguinity (an individual's grandparent, parent, child, sibling, grandchild, grandparent's spouse, spouse's grandparent, parent's sibling, stepparent, spouse's parent, spouse's child, child's spouse, grandchild's spouse, spouse's grandchild, or sibling's child).[40]
Persons within degrees of consanguinity which make marriages incestuous and void.
Marriage, sexual intercourse, sexual activities (including but not limited to, oral or anal intercourse, fellatio, cunnilingus, or other penetration of a part of a person's body, or insertion of an object into the genital or anal opening of another person's body, or the manual manipulation of the genitalia of another person's body)
Criminal sexual conduct in the 4th degree includes when the actors are related "by blood or affinity to the third degree."
Up to 2y or a fine of up to $500 or both[43]
Person "nearer of kin to the actor than first cousin…whether of the half or the whole blood, with knowledge of the relationship".
Person within degrees of consanguinity which make marriages incestuous and void due to blood.
Marriage or cohabitation, adultery or sexual intercourse
Persons known to be ancestor or descendant by blood or adoption; stepchild while the marriage creating the relationship exists; brother or sister of whole or half blood; or uncle, aunt, nephew, or niece of the whole blood.
Marriage, cohabitation, sexual intercourse, sexual contact
Person known to an ancestor, a descendant, a brother or sister of the whole or half-blood, or a stepson or step-daughter, without regard to legitimacy, adoption, or step- relationship.
Marriage, cohabitation, sexual intercourse, sexual contact
Up to life imprisonment or up to $50,000 fine [41]
Between parents and children, grandparents and grandchildren of every degree, between brothers and sisters of the half as well as the whole blood, and between uncles and nieces, aunts and nephews. Extend to children and relations born out of wedlock or any person who sexually penetrates a minor stepchild.
Persons within degrees of consanguinity which make marriages incestuous and void.
2y to life imprisonment and $10,000 fine[47]
Person know to be an ancestor, descendant, brother or sister (whole or half blood), and uncle, aunt, nephew, or niece without regard to legitimacy, stepchildren, and relationships of parent and child by adoption.
Marriage, cohabitation (under the representation of marriage), sexual intercourse
Underage sexual offences are increased in severity by a degree if also incestuous.
Consensual incest between people 18 years old or more is not a criminal offense.
Sexual penetration (2nd degree sexual assault) or sexual contact (4th degree criminal sexual contact)
At least 15y without parole (2nd degree sexual assault) or up to 18m (4th degree criminal sexual contact)[49]
Persons known to be parents and children (including grandparents and grandchildren of every degree), brothers and sisters of half and whole blood, uncles and nieces, aunts and nephews.
Persons known to be related to him or her, whether through marriage or not, as an ancestor, descendant, brother or sister of either the whole or the half blood, uncle, aunt, nephew or niece. Half-blood uncle/niece marriages are valid pursuant to a 2014 State Court decision. See https://www.courthousenews.com/half-blood-uncle-niece-couples-endorsed-in-ny/
Marriage, sexual intercourse, oral sexual conduct, or anal sexual conduct
Person that is grandparent or grandchild; parent or child or stepchild or adopted child; brother or sister of whole or half-blood; uncle aunt, nephew or niece.
Persons known to be within a degree of consanguinity which makes marriages void between: parents and children, including grandparents and grandchildren of every degree; brothers and sisters of the half as well as the whole blood; uncles and nieces of the half as well as the whole blood; aunts and nephews of the half as well as the whole blood; first cousins of the half as well as the whole blood (illegitimate and legitimate children and relatives).
Marriage, cohabitation, sexual activity
(1) an ancestor or descendant of the whole or half blood;
(2) a brother or sister of the whole or half blood; or
(3) an uncle, aunt, nephew, or niece by blood
A person 18 years of age or older engages in sexual penetration
Actor is the victim's "natural or adoptive parent, step-parent guardian, custodian, or person in loco parentis of the other person".
Persons within degrees of consanguinity which make a marriage incestuous and void.
Persons known to be related, legitimately or otherwise as Ancestors, descendants, or brother or sister of whole or half blood.
Marriage, sexual intercourse, deviate sexual intercourse
Ancestor or descendant, a brother or sister of whole or half-blood, or an uncle, aunt, nephew, or niece of whole blood (blood relationships without regard to legitimacy, and relationship of parent and child by adoption).
Marriage, cohabitation, sexual intercourse
2) Collateral by consanguinity up to the third degree.
including double-tie relationships as well as single ties, and includes the relationship of parent and child by adoption or brother and sister by adoption.[59]
Intermarriage or sexual intercourse with each other[59]
Consensual incest between people 16 years old or more is not a criminal offense.
(1) A man with his mother, grandmother, daughter, granddaughter, stepmother, sister, grandfather's wife, son's wife, grandson's wife, wife's mother, wife's grandmother, wife's daughter, wife's granddaughter, brother's daughter, sister's daughter, father's sister or mother's sister; (2) A woman with her father, grandfather, son, grandson, stepfather, brother, grandmother's husband, daughter's husband, granddaughter's husband, husband's father, husband's grandfather, husband's son, husband's grandson, brother's son, sister's son, father's brother or mother's brother.
Marriages between parents and children, ancestors and descendants of every degree, and between brothers and sisters of the half as well as the whole blood, and between uncles and nieces, or aunts and nephews, and between cousins of the half as well as of the whole blood, are null and void from the beginning, whether the relationship is legitimate or illegitimate and include such relationships that arise through adoption.
Mutually consensual sexual penetration
Any person known to be natural parent, child, grandparent, grandchild, uncle, aunt, nephew, niece, stepparent, stepchild, adoptive parent, adoptive child or brother and sister of the half or whole blood.
3y to 15y and up to $10,000 fine[63]
Person known to be ancestor or descendant by blood or adoption; current or former stepchild or stepparent; parent's brother or sister of the whole or half blood; brother or sister of the whole or half blood or by adoption; children of the actor's brother or sister of the whole or half blood or by adoption; the son or daughter of the actor's aunt or uncle of the whole or half blood or by adoption.
Sexual intercourse (any penetration of the female sex organ by the male sex organ), deviate sexual intercourse (any contact between the genitals of one person and the mouth or anus of another person with intent to arouse or gratify the sexual desire of any person)
2y to 20y and up to $10,000 fine[64]
VOID MARRIAGES: (a) A marriage is prohibited and void from the beginning, without being so decreed and its nullity may be shown in any collateral proceeding, when it isbetween-
(b) Any of such marriages may also be declared to have been null and void by judicial decree. (V.I. CODE ANN. TIT. 16, § 1)
or who commit fornication or adultery with each other
shall each be imprisoned for not more than 10 years.
Person known to be ancestor, descendant, brother, sister, uncle, aunt, nephew, niece, or first cousin, without regard to whole or half blood relationship, legitimacy, parent and child by adoption, or relationship of stepparent and stepchild while the marriage creating the relationship of a stepparent and stepchild exists.
Persons for whom marriage are prohibited by state law.
Persons for whom marriages are prohibited; relations with children and grandchildren.
1y to 10y and up to $2,500 fine (18 years of age or older); 5y to 20y and up to $100,000 fine (under 18 years of age) [67]
Persons known to be related to him or her, either legitimately or illegitimately, as an ancestor, descendant, brother, or sister of either the whole or the half blood.
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