Father Daughter Incest
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Father Daughter Incest
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^ "Inbred Obscurity: Improving Incest Laws in the Shadow of the 'Sexual Family', p. 2469-2470". Harvard Law Review . 119 (8): 2464–2485. June 2006. JSTOR 4093513 .
^ Clark-Flory, Tracy (2010-12-11). "The law on "consensual" incest" . Salon . Retrieved 2017-10-30 .
^ Jump up to: a b c d State Criminal Incest Statutes Archived 2018-02-22 at the Wayback Machine , National District Attorneys association
^ Jump up to: a b c "Section 13A-13-3 - Code of Alabama" . alisondb.legislature.state.al.us . Archived from the original on 2019-02-03 . Retrieved 2019-02-03 .
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^ "Section 13A-5-11" . alisondb.legislature.state.al.us . Retrieved 2019-02-03 .
^ Jump up to: a b c "Alaska Statutes 2018" . www.legis.state.ak.us . Retrieved 2019-02-03 .
^ "Alaska Statutes 2018" . www.legis.state.ak.us . Retrieved 2019-02-03 .
^ "Alaska Statutes 2018" . www.legis.state.ak.us . Retrieved 2019-02-03 .
^ Jump up to: a b c "[A.S.C.A. § 46.3802]" . American Samoa Bar Association . Archived from the original on 2020-09-20 . Retrieved 2019-02-03 .
^ "[A.S.C.A. § 46.2301]" . American Samoa Bar Association . Archived from the original on 2020-09-20 . Retrieved 2019-02-03 .
^ "[A.S.C.A. § 46.2101]" . American Samoa Bar Association . Archived from the original on 2020-09-20 . Retrieved 2019-02-03 .
^ Jump up to: a b c "Arizona Revised Statutes 13-3608" . Arizona State Legislature . Archived from the original on 30 September 2019 . Retrieved 30 September 2019 .
^ "Arizona Revised Statutes 25-101" . Arizona State Legislature . Archived from the original on 30 September 2019 . Retrieved 30 September 2019 .
^ "Arizona Revised Statutes 13-702" . Arizona State Legislature . Archived from the original on 1 October 2019 . Retrieved 30 September 2019 .
^ Jump up to: a b c "2018 Arkansas Code 5-26-202 Incest" . Justia US Law . Retrieved 25 April 2020 .
^ "2018 Arkansas Code 5-4-401 Sentence" . Justia US Law . Retrieved 25 April 2020 .
^ "2018 Arkansas Code 5-4-201 Fines—Limitations on amount" . Justia US Law . Retrieved 25 April 2020 .
^ Jump up to: a b c "California Penal Code § 285" . California Legislative Information . California Office of Legislative Counsel . 1 January 2006. Archived from the original on 15 June 2020 . Retrieved 15 June 2020 .
^ "California Family Code § 2200" . California Legislative Information . California Office of Legislative Counsel . 1 January 2015 . Retrieved 15 June 2020 .
^ "California Penal Code § 290 (20192020 SB145 Section 1. (Amends) - Chaptered (Stats.2020 Ch.79))" . California Legislative Information . California Office of Legislative Counsel . 1 January 2019 . Retrieved 10 August 2021 .
^ "California Penal Code § 290" . California Legislative Information . California Office of Legislative Counsel . 1 January 2021 . Retrieved 10 August 2021 .
^ "Statutes: Colorado § 18-6-302. Aggravated incest" . Womenslaw . National Network to End Domestic Violence, Inc. 17 June 2021 . Retrieved 15 October 2021 .
^ "Statutes: Colorado § 18-6-301. Incest" . Womenslaw . National Network to End Domestic Violence, Inc. 17 June 2021 . Retrieved 15 October 2021 .
^ 7.1-9 Sexual Assault in the Third Degree -- § 53a-72a (a) (2)
^ Conn Gen Stat § 53a-191 and Ave Mince-Didier Connecticut Felony Crimes by Class and Sentences
^ 11 Del C § 766 and 4206
^ D.C. Code § 22-1901
^ Fla Stat § 826.04 , 775.082 , 775.083 and 775.084
^ O.C.G.A. § 16-6-22
^ Haw. Rev. Stat. § 707-741 and 706-660
^ Idaho Code § 18-6602
^ ILCS § 720 ILCS 5/11-11 and PENALTIES FOR CRIMES IN ILLINOIS , LEGISLATIVE RESEARCH UNIT, ILLINOIS GENERAL ASSEMBLY
^ Ind Cod Ann § 35-46-1-3 and Indianapolis Criminal Defense Attorney Blog: A Look at the New Criminal Code , Indianapolis Criminal Defense Attorney Blog, Banks & Bower LLC , June 29, 2014
^ Iowa Code § 726.2 and Ave Mince-Didier, Iowa Felony Crimes by Class and Sentences
^ Jump up to: a b "Title 9 § 31.15, Criminal and Correctional Code" (PDF) . Unified courts of Guam.
^ "Title 9 § 80.34, Criminal and Correctional Code" (PDF) . Unified courts of Guam.
^ K.S.A. § 21-3602 , 21-3603 and Sentencing , kansas-criminal-defense-law.com (Incest is classified as a level 10 person felony, aggravated incest is classified as a level 5 person felony)
^ K.R.S. § 530.020 and Ave Mince-Didier, Kentucky Felony Crimes by Class and Sentences
^ 17-A M.R.S.§ 556
^ "Laws - Statute Text" .
^ Jump up to: a b c Statutory Compilation Regarding Incest Archived 2015-01-19 at the Wayback Machine , National District Attorneys association Archived 2015-01-19 at the Wayback Machine
^ ALM GL ch 272 § 17
^ MCLS §
^ Miss. Code § 97-29-27
^ MO. REV. STAT. § 568.020
^ R.R.S. Neb. § 28-703 in NEBRASKA , Rape, Abuse & Incest National Network [ permanent dead link ]
^ Nev. Rev. Stat. Ann. § 201.180 in NEBRASKA , Rape, Abuse & Incest National Network [ permanent dead link ]
^ RSA § 639:2 in CHAPTER 639 , Title LXII, Criminal Code of New Hampshire
^ N.J.S.A. 2C:14-2(b-c) and N.J.S.A. 2C:14-3 in NEW JERSEY , Rape, Abuse & Incest National Network [ permanent dead link ]
^ N.M. Stat. § 30-10-3 and SENTENCING - THIRD DEGREE FELONY , Judicial Education Center, University of New Mexico
^ N.Y. Penal Law §130.95 in New York , Rape, Abuse & Incest National Network [ permanent dead link ]
^ N.C. Gen. Stat. § 14-178 in SUBCHAPTER VII. OFFENSES AGAINST PUBLIC MORALITY AND DECENCY. Article 26. , North Carolina Statutes and Mark Theoharis, North Carolina Felony Crimes by Class and Sentences
^ N.D. Code § 12.1-20-11 in CHAPTER 12.1-20, SEX OFFENSES and CHAPTER 12.1-32, PENALTIES AND SENTENCING in North Dakota Statutes
^ "Title 6 § 1311, Criminal and Correctional Code" (PDF) . CNMI Law Revision Commission.
^ Ohio Rev. Code Ann. § 2907.03 in Ohio , Rape, Abuse & Incest National Network [ permanent dead link ]
^ Section 885 - Incest - Penalty , Oklahoma Statutes Citationized, Title 21, Chapter 34
^ Or. Rev. Stat. § 163.375 in Oregon , Rape, Abuse & Incest National Network [ permanent dead link ]
^ 18 Pa.C.S. §4302 and 15 Pa.C.S. § 15.66
^ Artículo 131. — Incesto. (33 L.P.R.A. § 5192) “Código Penal de Puerto Rico” (2012)
^ TITLE 15, CHAPTER 15-1, SECTION 15-1-1 and SECTION 15-1-4
^ SECTION 16-15-20 in South Carolina Code of Laws, Unannotated, Current through the end of the 2014 Session
^ S.D. Codified laws
§ 22-22A-2 , 22-22A-3
^ Tenn. Code § 39-15-302 and Ave Mince-Didier, Tennessee Felony Crimes by Class and Sentences
^ Tex. Penal Cod. § 25.02 and § 12-33 in Texas Penal Code, Title 3, Chapter 12, Subchapter A
^ Utah Code § 76-7-102 and Ave Mince-Didier, Utah Felony Crimes by Class and Sentences
^ 13 V.S.A. § 205
^ Va. Code § 18.2-361 , 18.2-366 and Ave Mince-Didier, Virginia Felony Crimes by Class and Sentences
^ ARCW § 9A.64.020 and 9A.20.021 in Chapter 9A.20 RCW , Washington State Legislature
^ W. Va. Code § 61-8-12
^ Wis. Stat. §944.06 Wis. Stat. §948.06
^ Wyo. Stat. § 6-4-402 in ARTICLE 4 , Title 6, Wyoming Statutes
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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 [update] , 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 .
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] )
"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." [25]
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.
(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
Consensual incest between people 16 years old or more is not a criminal offense.
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 is between-
(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
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 older α , 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]
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] [24] 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.
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 [29]
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) [33]
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. [36]
Knowing marriage or cohabitation [36]
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. [38]
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). [41]
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 [44]
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
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