State Criminal Statutes State Prohibited Relationships Prohibited Act Age to Classification, Evidentiary Aggravated (s) Commit Penalty, or Rules Distinctions Jurisdiction Alabama (2008) Either legitimately or illegitimately: (1) His or Unspecified Class C felony No conviction of NO Code of Ala. §13A-13-3 or descendant by blood or ; or Intercourse incest or attempt (2) His or of the whole or half-blood to commit incest or by adoption; or (3) His or stepparent, upon the while the marriage creating the relationship exists; uncorroborated or (4) His , , nephew or niece of the testimony of the whole or half-blood. (knowingly) person with whom the offense is alleged to have been committed. Alaska (2008) Either legitimately or illegitimately: (1) an Sexual penetration 18 Class C Felony NO Alaska Stat. §11.41.450 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. Arizona (2008) Persons with degrees of which Marriage, 18 Class 4 felony NO A.R.S. §13-3608 makes marriage incestuous and void (knowingly) intercourse or adultery Arkansas (2008) Without regard to legitimacy: (1) An ancestor or a Marriage, sexual 16 Class C felony § 16-41-101 NO A.C.A. §5-26-202 descendant; (2) A stepchild or adopted ; (3) A intercourse or Class A felony if (2008), Rule A.C.A. § 16-41-101 brother or sister of the whole or half blood; (4) An deviate sexual victim is under 16 803: Hearsay uncle, aunt, nephew, or niece; or (5) A activity with and the actor is Exception for a stepgrandchild or adopted grandchild (knowingly) someone at least over 21 at the time statement by a 16 years of age of offense child under 10 involving incest admissible (reasonable likelihood of trustworthiness) California (2008) Persons within degrees of consanguinity which Marriage, sexual 14 With state prison § 785 (2008): NO Cal Pen Code §285 make incestuous and void intercourse or (intercourse) sentence Jurisdiction Cal Pen Code § 785 adultery where offense was committed or defendant apprehended

American Prosecutors Research Institute 1 Colorado (2008) Ancestor or descendant, including a natural child, Marriage, sexual Unspecified Class 4 felony; YES; Class 3 C.R.S.§18-6-301 child by adoption, or stepchild twenty-one years of penetration, sexual Report case to felony if C.R.S. §18-6-302 age or older, a brother or sister of the whole or half intrusion, sexual department of victim under C.R.S. §18-6-303 blood, or an uncle, aunt, nephew, or niece of the contact education if victim 10 OR if whole blood ("descendant" includes a child by under 18 yrs & victim under adoption and a stepchild, but only if the person is defendant school 21 and child of not legally married to the child by adoption or the employee; defendant stepchild) Sentence may be suspended if committed before 11-1-98 and not habitual sex offender Connecticut (2008) Any person related within degrees specified in Marriage Unspecified Class D felony NO Conn Gen Stat §53a-191 46b-21; No man may marry his , Conn Gen Stat §46b-21 grandmother, , granddaughter, sister, aunt, niece, stepmother or stepdaughter, and no woman may marry her , grandfather, , grandson, brother, uncle, nephew, or stepson Delaware (2008) Without regard to legitimacy or adoption, male & Sexual intercourse Unspecified Class A NO 11 Del C§766 his child, , brother, sister, grandchild, niece misdemeanor; or nephew, father's sister or brother, mother's sister Original or brother, father's , wife's child, child of his jurisdiction to wife's son or daughter; female & her parent, child, Court brother, sister, grandchild, niece or nephew, father's sister or brother, mother's sister or brother, mother's , husband's child, child of her husband's son or daughter. District of Columbia Any person related to another person (not Marriage, Unspecified Imprisonment for NO (2008) including the 4th degree of consanguinity); cohabitation, not more than 12 D.C. Code §22-1901 marriage void if between man with his sexual intercourse years D.C. Code §46-401 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,

American Prosecutors Research Institute 2 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 Florida (2008) Any person related by lineal consanguinity, or a Marriage, sexual Unspecified 3rd degree felony NO Fla Stat §826.04 brother, sister, uncle, aunt, nephew, or niece intercourse (define as the penetration of the female sex organ by the male sex organ, however slight; emission of semen is not required) Georgia (2008) Person known to be (by blood or marriage): (1) Sexual intercourse Unspecified Imprisonment for YES; if victim O.C.G.A.§16-6-22 Father and daughter or stepdaughter; (2) Mother not less than 10 nor under 14, and son or stepson; (3) of the more than 30 years imprisonment whole blood or of the half blood; (4) for not less and grandchild; (5) Aunt and nephew; or (6) Uncle than 25 nor and niece. more than 50 years Hawaii (2008) Persons within degrees of consanguinity or Sexual penetration Unspecified Class C felony NO H.R.S. §707-741 within which marriage is prohibited Idaho (2008) Persons within degrees of consanguinity which Marriage, sexual Unspecified Imprisonment not NO Idaho Code§18-6602 make marriages incestuous and void intercourse, to exceed life adultery Illinois (2008) Person related to other person as a i) Brother or Sexual penetration Unspecified Class 3 felony NO §720 ILCS 5/11-11 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 Indiana (2008) Person known to be biological parent, child, Sexual intercourse, 18 Class C felony Evidence of NO Ind Cod Ann §35-46-1-3 grandparent, grandchild, , aunt, uncle, deviate sexual Class B felony if defendant’s past Ind Cod Ann §35-37-4- niece, or nephew conduct, marriage victim is under 16 incestuous acts (unless valid at the time of admissible if

American Prosecutors Research Institute 3 15 where entered) offense relevant to crime Iowa (2008) Legitimately or illegitimately: Person knows to be Sexual act Not a child Class D felony; Iowa Code §726.2 ancestor, descendant, brother or sister of whole of Indictment within Iowa Code §802.2A half blood, aunt, uncle, niece or nephew. 10 years of crime, unless victim under 18, then within 10 years after victim reaches 18 Kansas (2006) Person known to be biologically related as parent, Marriage, sexual Unspecified Severity level 10 YES: Severity K.S.A. §21-3602 child, grandparent of any degree, grandchild of any intercourse, person felony when level 5 if K.S.A. §21-3603 degree, grandchild of any degree, brother, sister, sodomy victim is 18 and marriage to half-brother, half-sister, uncle aunt, nephew, niece over person under 18, Severity level 7 if intercourse, sodomy, lewd fondling of person 16-18 years 21-3603 Kentucky (2008) Known ancestor, descendant, brother, or sister Sexual intercourse Unspecified Class C felony (if YES; Class B K.R.S. §530.020 without regard to legitimacy, adoption, whole or or deviate sexual by consenting felony if (1) half blood, or stepparent and stepchild intercourse adults) forcible compulsion OR (2) victim less than 18 or physically helpless or mentally incapacitated; Class A felony if (1) victim less than 12 OR (2) victim suffers serious physical injury. Louisiana (2008) Ascendant or descendant, brother or sister, uncle Marriage (unless Unspecified Imprisonment up to YES; victim La R.S. §14:78 or niece, aunt or nephew (with knowledge), related married legally in 15years when under 18 La R.S. §14:78.1 by consanguinity either whole or half blood another state) or between ascendant involving any LA. Code Civ. Proc. sexual intercourse and descendant or other

American Prosecutors Research Institute 4 Ann. art. 571.1 brother and sister involvement of Imprisonment up to a child in 5years, or up to sexual activity $1000 fine (or and related to both) if between offender uncle and niece or (biological, aunt and nephew; step, or 30 year time adoptive limitation from the relatives: time the victim is child, 18 yrs grandchild of any degree, brother, sister, half-brother, half-sister, uncle, aunt, nephew, or niece); fine not to exceed $50,000 and/or imprisonment not less than 5, no more than 20 years Maine (2008) Persons known to be within the 2nd degree of Sexual intercourse 18 Class D crime Valid defense is YES; Class C 17-A M.R.S.§556 consanguinity (woman and her father, grandfather, (any penetration of the offender was crime if son, grandson, brother, brother's son, sister's son, the female sex legally married offender has 2 father's brother or mother's brother; man and his organ by the male to the victim or more prior mother, grandmother, daughter, granddaughter, sex organ) convictions of sister, brother's daughter, sister's daughter, father's this section or sister or mother's sister) substantially similar conduct Maryland (2008) Persons who may not marry, within 3 degrees of Vaginal Unspecified Felony; 1 to 10 NO Md CRIMINAL LAW lineal consanguinity or 1 degree of collateral intercourse years in prison Code Ann §3-323 consanguinity (man and his grandmother; mother; Code Ann §2-202 daughter; sister; granddaughter; grandfather's wife; wife's grandmother; father's sister; mother's sister; stepmother; wife's mother; wife's daughter; son's wife; grandson's wife; wife's granddaughter;

American Prosecutors Research Institute 5 brother's daughter; sister's daughter. woman and her grandfather; father; son; brother; grandson; grandmother's husband; husband's grandfather; father's brother; mother's brother; stepfather; husband's father; husband's son; daughter's husband; husband's grandson; brother's son; sister's son; granddaughter's husband.) Massachusetts Persons within degrees of consanguinity which Marriage, sexual Unspecified Imprisonment of 2 NO (2008) make marriages incestuous and void intercourse, sexual 1/2 years to 20 ALM GL ch 272 §17 activities years (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) Michigan (2008) Criminal sexual conduct in the 1st and 2nd degrees Sexual contact Unspecified 1st degree felony: 4th degree YES; lifetime MCLS §750.520b include when the actor is a “member of the same life or any term of misdemeanor electronic -§750.520c ” as the victim and when the actor is years (other person monitoring if th nd -§750.520d “related to the victim by blood or affinity to the 4 2 degree felony: used authority offender is 17 -§750.520e degree Not more than 15 and coerced years of age or -§750.520g years defendant: older and 3rd degree felony: imprisonment victim is less imprisonment not not more than 2 than 13 more than 15 years years and/or fine not more than $500) Minnesota (2007) Person “nearer of kin to the actor than first Sexual intercourse Unspecified Imprisonment of NO

American Prosecutors Research Institute 6 Minn. Stat §609.365 …whether of the half or the whole blood, not more than 10 with knowledge of the relationship” years Mississippi Person within degrees of consanguinity which Marriage or Unspecified Imprisonment of NO Miss. Code §97-29-27 make marriages incestuous and void due to blood cohabitation, not more than 10 Miss. Code §97-29-5 adultery or sexual years and/or $500 Miss. Code §97-29-29 intercourse fine Missouri (2008) Persons known to be ancestor or descendant by Marriage, sexual Unspecified Class D felony NO §568.020 R.S.Mo. blood or adoption; stepchild while the marriage intercourse, creating the relationship exists; brother or sister of deviate sexual whole or half blood; or uncle, aunt, nephew, or intercourse niece if the whole blood. Montana (2007) Person known to an ancestor, a descendant, a Marriage, Unspecified Life imprisonment, Defense: YES; Life Mont. Code §45-5-507 brother or sister of the whole or half-blood, or a cohabitation, or not to exceed Consent to incest imprisonment stepson or step-daughter, without regard to sexual intercourse, 100 yrs, or fine not with stepson or or 4 to 100 legitimacy, adoption, or step- relationship sexual contact exceeding $50,000 stepdaughter, but years if victim ineffective if the is under 16 victim is less and offender is than 18 yrs old 3+ years older and inflicts bodily injury; imprisonment for 100 years if victim was 12 or younger and the offender was 18 or older and may be fined not over $50,000 Nebraska (2008) Between and children, and Marriage, sexual Unspecified Class 3 felony NO R.R.S. Neb. §28-702 grandchildren of every degree, between penetration R.R.S. Neb. §28-703 and of the half as well as the whole blood, and between and nieces, and nephews. Extend to children and relations born out of wedlock or any person who sexually penetrates a minor stepchild. Nevada (2008) Persons within degrees of consanguinity which Marriage, Unspecified Class A felony; NO NRS §201.280 make marriages incestuous and void fornication, imprisonment not adultery less than 2 yrs and

American Prosecutors Research Institute 7 maximum life with the possibility of parole & possible a fine not more than $10,000 New Hampshire Person know to be an ancestor, descendant, Marriage, 18 Class B felony Defense: if NO (2008) brother or sister (whole or half blood), and uncle, cohabitation victim under 18, person under 18, RSA §639:2 aunt, nephew, or niece without regard to (under the maximum sentence not liable if the legitimacy, stepchildren, and relationships of representation of of 20years and other party is at parent and child by adoption marriage), sexual minimum is ½ of least 3 yrs older intercourse maximum at time of the act New Jersey (2008) When the actor is “related to the victim by blood Sexual penetration Unspecified 2nd degree crime YES; 1st rd N.J. Stat. §2C:14-2 or affinity to the 3 degree” degree aggravated sexual assault if victim is at least 16 but less than 18 years old New Mexico (2008) Persons known to be parents and children Marriage or sexual Unspecified 3rd degree felony No N.M. Stat. §30-10-3 (including grandparents and grandchildren of intercourse every degree), brothers and sisters of half and whole blood, uncles and nieces, aunts and nephews New York (2008) Persons known to be related to him or her, whether Marriage, sexual Unspecified Class E Felony, 3rd YES; Class D nd NY CLS Penal §255.25 through marriage or not, as an ancestor, intercourse, oral Degree Felony 2 NY CLS Penal §255.26 descendant, brother or sister of either the whole or sexual conduct, or degree if NY CLS Penal §255.27 the half blood, uncle, aunt, nephew or niece anal sexual commit rape or conduct criminal sexual act in the 2nd degree; Class B Felony 1st degree if commit rape or criminal sexual act in 1st degree North Carolina Person that is grandparent or grandchild; parent or Carnal intercourse Unspecified Class F felony Defense: no YES; Class B1 (2008) child or stepchild or adopted child; brother or liability for felony if sister of whole or half-blood; uncle aunt, nephew persons under 16 victim under

American Prosecutors Research Institute 8 N.C. Gen. Stat. §14-178 or niece if the other 13 and actor is person is at least at least 12 and 4 yrs older when 4 yrs older OR the incest victim is 13-15 occurred and actor is 6 yrs older; Class C felony if victim is 13- 15 and actor is 4-6 yrs older North Dakota Persons known to be within a degree of Marriage, Unspecified Class C felony NO (2008) consanguinity which makes marriages void cohabitation, N.D. Code §12.1-20-11 between: parents and children, including sexual activity N.D. Cent. Code, §14- grandparents and grandchildren of every degree; 03-03 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 of the half as well as the whole blood (illegitimate and legitimate children and relatives) Ohio (2008) Actor is the victim’s “natural or adoptive parent, Sexual conduct Unspecified 3rd degree felony YES; 2nd ORC §2907.03 step-parent guardian, custodian, or person in loco (sexual battery); if degree felony parentis of the other person” imprisoned for 2 if the other yrs or more, person person is less serves a term of than 13 yrs post-imprisonment supervision Oklahoma (2008) persons within degrees of consanguinity which Marriage, Unspecified Felony punishable NO 21 Okl. St. §885 make a marriage incestuous and void fornication, by sentence not to adultery exceed 10 years Oregon (2007) Persons known to be related, legitimately or marriage, sexual Unspecified Class C Felony NO ORS §163.525 otherwise as , descendants, or brother or intercourse, sister of whole or half blood deviate sexual intercourse Pennsylvania Ancestor or descendant, a brother or sister of Marriage, unspecified 2nd degree felony NO (2008) whole or half-blood, or an uncle, aunt, nephew, or cohabitation, 18 Pa.C.S. §4302 niece of whole blood (blood relationships without sexual intercourse regard to legitimacy, and relationship of parent and child by adoption) Rhode Island No man shall marry his mother, grandmother, Marriage Unspecified Exception: Do NO

American Prosecutors Research Institute 9 (2008) daughter, son's daughter, daughter's daughter, not extend to any R.I.Gen Laws §15-1-1 stepmother, grandfather's wife, son's wife, son's marriage which R.I.Gen Laws §15-1-2 son's wife, daughter's son's wife, wife's mother, shall be R.I.Gen Laws §15-1-3 wife's grandmother, wife's daughter, wife's son's solemnized R.I.Gen Laws §15-1-4 daughter, wife's daughter's daughter, sister, among the brother's daughter, sister's daughter, father's sister, Jewish people, or mother's sister; No woman shall marry her within the father, grandfather, son, son's son, daughter's son, degrees of stepfather, grandmother's husband, daughter's affinity or husband, son's daughter's husband, daughter's consanguinity daughter's husband, husband's father, husband's allowed by their grandfather, husband's son, husband's son's son, religion. husband's daughter's son, brother, brother's son, sister's son, father's brother, or mother's brother. South Carolina (1) A man with his mother, grandmother, daughter, Carnal intercourse Unspecified Imprisonment not NO (2008) granddaughter, stepmother, sister, grandfather's less than 1 year S.C. Code §16-15-20 wife, son's wife, grandson's wife, wife's mother, and/or not less than wife's grandmother, wife's daughter, wife's $500 fine 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 South Dakota Marriages between parents and children, ancestors Mutually 18 Class 5 felony YES; Class 3 (2008) and descendants of every degree, and between consensual sexual felony of S.D. Codified laws brothers and sisters of the half as well as the whole penetration aggravated §25-1-6 blood, and between uncles and nieces, or aunts and incest: (A) if S.D. Codified laws nephews, and between cousins of the half as well victim is less § 22-22A-2 as of the whole blood, are null and void from the than 18 yrs S.D. Codified laws beginning, whether the relationship is legitimate or AND child of § 22-22A-3 illegitimate and include such relationships that perpetrator or S.D. Codified laws arise through adoption the child of a § 22-22A-3.1 or former spouse of the perpetrator OR child

American Prosecutors Research Institute 10 related to the perpetrator within degrees of consanguinity within which marriages are void; (B) if victim in foster home & the perpetrator is: licensed foster care provider or resident of the licensed foster care provider's home and related to the licensed foster care provider by blood or marriage Tennessee (2008) Any person known to be natural parent, child, Sexual penetration Unspecified Class C felony NO Tenn. Code §39-15-302 grandparent, grandchild, uncle, aunt, nephew, niece, stepparent, stepchild, adoptive parent, adoptive child or brother and sister of the half or whole blood Texas (2008) Person known to be ancestor or descendant by Sexual intercourse Unspecified 3rd degree felony YES; 2nd Tex. Penal Cod. §25.02 blood or adoption; current or former stepchild or (any penetration of degree felony stepparent; parent's brother or sister of the whole the female sex if the victim is or half blood; brother or sister of the whole or half organ by the male the son or blood or by adoption; children of the actor's sex organ), deviate daughter of the brother or sister of the whole or half blood or by sexual intercourse actor's aunt or adoption; the son or daughter of the actor's aunt or (any contact uncle of the uncle of the whole or half blood or by adoption between the whole or half genitals of one blood or by person and the adoption mouth or anus of another person

American Prosecutors Research Institute 11 with intent to arouse or gratify the sexual desire of any person) Utah (2008) Person known to be ancestor, descendant, brother, Sexual intercourse Unspecified 3rd degree felony NO Utah Code§76-7-102 sister, uncle, aunt, nephew, niece, or first cousin, (not amounting to without regard to whole or half blood relationship, rape, rape of a legitimacy, parent and child by adoption, or child or relationship of stepparent and stepchild while the aggravated sexual marriage creating the relationship of a stepparent assault) and stepchild exists Vermont (2007) Persons for whom marriage are prohibited by state Marriage, Unspecified Imprisonment not NO 13 V.S.A. §205 law fornication more than 5 years and/or $1000 fine Virginia (2008) Persons for who marriages are prohibited; relations Adultery or Unspecified Class 1 YES; Class 5 Va. Code §18.2-361 with children and grandchildren fornication misdemeanor felony for any Va. Code §18.2-366 person who performs or causes to be performed cunnilingus, fellatio, anilingus or anal intercourse upon or by his daughter or granddaughter, son or grandson, brother or sister, or father or mother (without regard to step- relationships); Class 3 felony if a parent or grandparent commits any

American Prosecutors Research Institute 12 such act with his child or grandchild and such child or grandchild is at least 13 but less than 18 yrs Washington (2008) Persons known to be related to him or her, either 1st degree incest: Unspecified 2nd degree incest YES; 1st ARCW §9A.64.020 legitimately or illegitimately, as an ancestor, sexual intercourse Class C felony degree incest descendant, brother, or sister of either the whole or 2nd degree incest: Class B felony the half blood Sexual contact West Virginia Engaging with his or her father, mother, brother, Sexual intercourse Unspecified Felony: NO (2008) sister, daughter, son, grandfather, grandmother, (any act between imprisonment of 5- W. Va. Code §61-8-12 grandson, granddaughter, nephew, niece, uncle or persons involving 15 years and/or or aunt penetration, fined not less than however slight, of $500 nor more than the female sex $5000; Further if organ by the male the victim is a sex organ or minor, court may involving contact order offender to between the sex pay all or any organs of one portion of the cost person and the of medical, mouth or anus of psychological or another person) or psychiatric sexual intrusion treatment of the (any act between victim, the need for persons involving which results from penetration, the act or acts for however slight, of which the person is the female sex convicted organ or of the anus of any person by an object for the purpose of degrading or humiliating the person so penetrated or for

American Prosecutors Research Institute 13 gratifying the sexual desire of either party) Wisconsin (2008) Persons known to be blood relatives and such Marriage or non- Unspecified Class F felony YES; Class C Wis. Stat. §944.06 relative is in fact related in a degree within the marital sexual felony if Wis. Stat. §948.06 marriage is prohibited by the law intercourse person marries or has sexual intercourse or sexual contact with a child known to be related, either by blood or adoption, and the child is related in a degree of closer than 2nd cousin or with a child if the actor is the child’s stepparent; OR offender is responsible for the child’s welfare, knows the offender had or intends to have sexual intercourse or sexual contact with the child, is physically and emotionally capable of taking action that will prevent the

American Prosecutors Research Institute 14 intercourse or contact from occurring or being repeated, fails to take that action; and the failure to act exposes the child to an unreasonable risk that intercourse or contact may occur Wyoming (2008) Persons known to be an ancestor or descendant or Sexual intrusion, Unspecified Felony: May not release NO Wyo. Stat. §6-4-402 a brother or sister of the whole or half blood, sexual contact imprisonment not the name of a including relationships of parent and child by more than 15 yrs minor victim adoption, blood relationships without regard to and/or fine up to legitimacy, stepparent and stepchild $10,000

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