Incest Laws by State

Incest is illegal in Alabama. The incest laws in Alabama prohibit any type of sexual activity and marriage between family members is prohibited. Family members are defined as an individual's ancestor or descendant by blood or adoption, brother or sister, including half-brother or sister, or relative by adoption, stepchild or stepparent, an uncle or aunt, a nephew or niece of the whole or half-blood relative. Engaging in martial or sexual activity with any of the described family member is prohibited and the relationship would be considered a Class C felony under Alabama's incest laws, punishable by a prison term of not more than 10 years or less than 1 year and 1 day and a fine of up to $15,000.

Incest is considered a felony in Alaska. The state defines incest as a person of 18 years or older who engages in sexual activities with someone they know to be their ancestor or descendant - whether half or whole blood -, (half) sibling, or an uncle, aunt, niece or nephew by blood. It does not apply to the relationship between stepparents and stepchildren.

Incest is a felony in Arizona, and the definition includes marriage, fornication, or adultery with a person within certain degrees of consanguinity - meaning they have common ancestors. This includes grandparents and grandchildren, (half) siblings, uncles or aunts and nephews and nieces, and first cousins. An exception can be made if both parties are over 65 and can prove one or both is unable to reproduce.

In Arkansas incest is illegal and the state defines incest to be a marriage or a sexual relationship between ancestors and descendants - adopted or blood-related -, stepparents and stepchildren, (half) siblings, and aunts or uncles with nieces or nephews.

Incest is illegal in California. It is defined as the marriage or the sexual relationship between blood relatives, including descendants and ancestors, (half) siblings, uncles or aunts, and nieces or nephews. It does not apply to cousins, adopted family members, or step-family members. California residents can be convicted of incest from the age of 14 years old. Those convicted of incest may be sentenced to state prison, depending on the circumstances of the offense. In addition to incarceration, those convicted of incest may also be ordered to pay fines and restitution fees to victims. Those who have been found guilty of committing this crime may also be required to register as sex offenders for 20 years after their release from prison.

In Colorado incest is illegal. The state also distinguishes between incest and “aggravated” incest. Incest is when a person knowingly marries or has sex with a family member, such as an ancestor or descendant - including a stepchild -, a (half) sibling, an aunt, uncle, niece, or nephew. This also applies to relationships through adoption. Aggravated incest is when a person commits incest with their own (step) child under 21 or any family member under the age of 10.

In Connecticut incest is illegal and incest laws apply to both sexual relationships and marriage. Incest is defined as descendants and ancestors - meaning parents and grandparents with children and grandchildren -, siblings, aunts or uncles and nieces or nephews, or between stepparents and stepchildren knowingly engaging in intercourse with each other or marrying one another.

In Delaware incest is illegal and incest laws apply to sexual intercourse between certain family members. It does not matter if the relationship is by blood, legitimate, or by adoption, as long as they engaged in the intercourse knowingly. People cannot have sex with their (step) children, parents, (step) siblings, (step) grandchild, nieces, or nephews.

Incest in Florida is illegal and incest applies to marriage as well as sexual penetration. It applies to ancestors and descendants, siblings, and uncles or aunts with nephews or nieces.

Incest in Georgia is illegal and incest laws only apply to sexual intercourse that a person knowingly commits with a family member - either by blood or marriage. It is considered incest when they are sexual relations between a (step) parent and their (step) child, (half) siblings, a grandparent and a grandchild, an aunt and nephew, or uncle and niece.

Incest in Hawaii is illegal and the act of incest in Hawaii is defined as sexual penetration between persons of consanguinity or affinity within which marriage is prohibited. Consanguinity means people share common ancestors, such as parents and children. Within three degrees of consanguinity - for example, great-grandparents with great-grandchildren, it is also considered incest. This also applies to adopted family members.

Incest in Idaho is illegal and incest laws apply to sexual intercourse, marriage, and adultery. Marriages between ancestors and descendants, (half) siblings, and uncles and nieces or aunts and nephews, are considered incestuous and void from the beginning. Sexual intercourse between these same parties is a felony and can lead to life imprisonment.

Incest is illegal in Illinois. The incest laws in Illinois prohibit any sexual activity between family members, including an individual's brother or sister, inlcuidng half brother and half sister, or relative by adoption, father or mother when the child was 18 years or older at the time of the act, or stepfather or stepmother when the stepchild was 18 years or older at the time of the act. Engaging in any of these prohibited relationships is considered a felony under Illinois' incest laws, punishable by prison sentences of 2 to 10 years and a fine of up to $25,000.

Incest in Indiana is illegal and incest laws apply to sexual intercourse as well as marriage between certain family members. It applies to biological parents and children, grandparents and grandchildren, siblings, and aunts or uncles and nephews or nieces.

Incest in Iowa is illegal and incest laws apply to any type of sexual activity between certain family members. The person must know they are engaging in a sexual act with a family member. It is not relevant whether that person is legitimately or illegitimately related. It applies to ancestors and descendants, (half) siblings, and aunts or uncles with nieces or nephews.

In Kansas incest is illegal and incest laws only apply to biological family members, for marriage as well as sexual intercourse. It is considered incest when it relates to ancestors and descendants, (half) siblings, and aunts or uncles with nieces or nephews. If the relations are with an underage family member, it is deemed aggravated incest.

In Kentucky incest is illegal and only sexual relations with certain family members fall within the scope of incest laws. The person must enter into the sexual relations knowingly, with a known ancestor or descendant, (half) sibling - including illegitimate and adopted siblings – or stepparent or stepchild.

Incest in Louisiana is illegal and incest laws are limited to biological family members, whether whole or half-blood. This applies to engaging knowingly in marriage or sexual relationships with ancestors or descendants, siblings - whether or not they are legitimate - and uncle and niece or aunt and nephew. Incestuous marriages conducted in another state where they are legal, are recognized in Louisiana.

Incest in Maine is illegal and defined as the penetration of a female sex organ by a male sex organ and applies to people within the second degree of consanguinity. This means a woman and her (grand)father, (grand)son, brother, siblings’ son, or one of her parents' brothers. Or a man and his (grand)mother, (grand)daughter, sister, siblings’ daughter, or one of his parent’s sisters.

In Maryland incest is illegal and marriage and vaginal intercourse with certain family members are prohibited in Maryland under incest laws. These family members include parents, children, siblings, grandparents, grandchildren, stepparents, the parent of one’s spouse, the child of one’s spouse, the spouse or one’s child, the spouse of one’s grandchild, or the child of a sibling.

In Massachusetts incest is illegal and marriage with certain family members is automatically void - (grand) parents, stepparents, siblings, nieces, nephews, (grand) children, or one’s spouse’s (grand) parents or (grand) children. It is also prohibited to have any type of sexual relations with these people. However, a man can marry his son’s wife, and a woman her husband’s father.

In Michigan incest is illegal and any type of sexual contact with certain family members is forbidden under incest laws. This applies to both blood relatives and relatives through marriage, to the third degree - including stepparents, grandparents, parents, children, stepchildren, and grandchildren. Under Michigan law, any person found guilty of committing incest could face up to 2 years in prison and fines of up to $500 plus court costs. The severity may also vary based on the age of the person with whom the sexual relationship takes place. In addition to criminal penalties, the court may also order counseling for the perpetrator and any other family members affected by the crime. Incest crimes can also be grounds for termination of parental rights if a person shares a child with someone they are related to sexually.

In Minnesota incest is illegal and under Minnesota incest laws, one cannot have sexual intercourse with anyone who is more closely related to you than one’s first cousin. This applies to both whole-blood and half-blood biological relationships. The parties must have known that they are related for incest to be considered a crime.

Incest in Mississippi is illegal and incest laws do not only apply to marriage, adultery, and sexual relationships but cohabitation as well. This refers to any relationship with a (grand)parent, stepparent or adopted parent, a (half) sibling, first cousin, stepchild or their child, niece or nephew. Parents can also not marry their children’s spouses, even after their children’s death.

In the state of Missouri incest is illegal. Marriage, cohabitation, sexual intercourse, or sexual contact are considered incestuous in Missouri within the following family relationships: persons known to be an ancestor or descendant by blood or adoption, a stepchild - while the marriage creating the stepparent/stepchild relationship exists - (half) siblings, or a whole-blood aunt, uncle, niece or nephew.

Incest in Montana is illegal and incest laws apply to marriage, cohabitation, sexual intercourse, and other sexual contacts. None of these are allowed if the person with which the relationship is conducted is a known ancestor, descendant, (half) sibling, or stepchild, without regard to legitimacy, adoption, or step-relationship. Violations can lead up to life in prison.

In Nebraska incest is illegal. Marriage and sexual penetration between parents and children, grandparents and grandchildren, brothers and sisters - of half or whole blood -, uncles and nieces, and aunts and nephews are not allowed in Nebraska under the state’s incest laws. This also extends to children and relations born out of wedlock and minor stepchildren.

Incest in Nevada is illegal. Marriage, fornication - sexual relations between people who are not married - and adultery all fall under the prohibition of incest in Nevada. It applies to any family relationships that are closer than second cousins, including parents and children, grandparents and grandchildren, aunts or uncles and nieces or nephews. Charges of incest cannot be sealed in Nevada unless they are dismissed.

Incest is illegal in New Hampshire. If people in the state are ancestors or descendants, (half) siblings, or aunt or uncle and niece or nephew, they are not allowed to get married, cohabitate under the guise of marriage, or have sexual intercourse under the state’s incest laws. This extends to stepchildren and adoptive parents and children, and it applies whether or not the children are legitimate.

In New Jersey, incest is legal in some circumstances. The incest laws in New Jersey prohibit any sexual activity between an actor related to the victim by blood or affinity to the 3rd degree when the victim is under 16 years old. However, consensual sexual activity between family members who are at least 16 years old is not a criminal offense, and no criminal prosecution is carried out for individuals over 18 years of age.

In New Mexico incest is illegal. Incest laws apply to parents and children, grandparents and grandchildren of every degree, brothers and sisters - whether whole or half blood - uncles and nieces and aunts and nephews who engage in marriage and/or sexual intercourse with one another.

Incest in New York is illegal. Incest laws apply to marriage, and sexual intercourse with relatives - whether blood or marriage - including ancestors and descendants, (half) siblings, uncles or aunts and nephews or nieces. Since a court ruling in 2014, marriage between a half-blood uncle and niece is allowed.

Incest is illegal in North Carolina. Incest laws stipulate that sexual intercourse with a parent, child, grandparent, grandchild, stepchild, legally adopted child, brother or sister - whether whole or half blood - uncle, aunt, niece or nephew is considered incest. The charges are aggravated if the incestuous relationship takes place between an adult and a minor under the age of 16.

Incest in North Dakota is illegal. Incest laws apply to marriage, cohabitation, and sexual activity between children and parents, grandchildren and grandparents, brothers and sisters, uncles or aunts and nieces or nephews, and first cousins. This extends to half or whole-blood relationships and applies whether the relationships arise out of wedlock or not.

Incest is illegal in Ohio. The incest laws in Ohio prohibit any sexual conduct between an actor who is the victim's natural or adoptive parent, step-parent guardian, custodian, or person in place of a parent. Engaging in any of these prohibited relationships is considered a felony under Ohio's incest laws, punishable by prison sentences of 2 to 8 years, but no fine.

Incest in Oklahoma is illegal. Marriage, fornication - sexual relations with someone outside of marriage - and sexual intercourse are all part of the definition of incest under Oklahoma law. The relationship is considered incestuous if it is between a descendant and ancestor, stepparent and stepchild, biological uncles and nieces and biological aunts and nephews, (half) siblings and first cousins.

Incest is illegal in Oregon. Marriage and sexual intercourse between children and parents, (great) grandchildren and (great) grandparents, or brother and sister - whether of half or whole-blood - are considered incest. The parties involved must know they are related in this way. It does not matter if they are legitimately or illegitimately related.

Incest in Pennsylvania is illegal. Incest laws cover marriage, cohabitation, and sexual intercourse between certain family members. These include ancestors and descendants, (half) siblings, aunts or uncles and nieces or nephews. It applies to blood relationships regardless of legitimacy and the relationship between parent and child through legal adoption.

In Rhode Island, incest is legal in some circumstances. The incest laws in Rhode Island prohibit marriage between certain family members, including siblings, parents, grandparents, children, grandchildren, stepparents, grandparents' spouses, spouse's children, spouse's grandchildren, sibling's child, or parent's sibling. However, consensual sexual activity between family members who are at least 16 years old is not a criminal offense, and no criminal prosecution is carried out for individuals over 16 years of age.

Incest in the state of South Carolina is illegal. Incest laws only apply to sexual intercourse between males and females. It is illegal in this state for a person to have intercourse with a person of the opposite sex that is their parent, child, grandparent, grandchild, stepparent, sibling, step-grandparent, child’s spouse, grandchild’s spouse, spouse’s child, spouse’s grandchild, sibling’s child, or parent’s sibling.

Incest is illegal in South Dakota. A person is not allowed to marry their descendant or ancestor, (half) sibling, uncle, aunt, niece, or nephew, or (half) cousins. This includes illegitimate relationships and relationships through adoption. These marriages will be considered void. Sexual relationships between these people are considered a criminal offense.

Incest in Tennessee is illegal. An act is considered incest under Tennesse law if sexual penetration occurs between family members that are biological parents and children, grandparents, grandchildren, uncles, aunts, nieces or nephews. Tennessee incest laws also cover adoptive parents and children, stepparents and stepchildren, and any brother or sister - whether they are full or half-siblings.

Incest is illegal in Texas. The incest laws in Texas prohibit any sexual activity between family members, including individuals 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, or the son or daughter of the actor's aunt or uncle of the whole or half blood or by adoption. Engaging in any of these prohibited relationships is considered a felony under Texas' incest laws, punishable by prison sentences of 2 to 20 years and a fine of up to $10,000.

Incest is illegal in Utah. Incest charges in the state only apply to sexual intercourse that does not constitute rape (of a minor) or aggravated sexual assault - which are separate offenses. It is illegal for someone to have sex with their ancestor or descendant, sibling, aunt, uncle, nephew, niece, or first cousin. It does not matter whether the relationship is by adoption or blood or whether it is legitimate. It also applies to current stepchildren and stepparents.

Incest is illegal in Vermont. The incest laws in Vermont prohibit sexual activity between persons for whom marriage is prohibited by state law, including close family members such as brothers, sisters, parents, children, grandparents, and grandchildren. Engaging in such prohibited relationships is considered a criminal offense under Vermont's incest laws, punishable by prison sentences of up to 5 years and a fine of up to $1,000. The prohibited acts include both marriage and fornication, and any person found guilty of committing incest may face significant legal consequences.

Incest is illegal in Virginia. Under the state’s law, ancestors and descendants cannot get married. Neither can (half) siblings - whether related by blood or adoption - uncles and nieces, and aunts and nephews - whether the relationship is whole or half-blood. Adultery or fornication - two forms of sexual conduct outside of marriage - are considered a crime under Virginia’s incest laws.

Incest is illegal in Washington. The state distinguishes between first and second-degree incest. The first degree is sexual penetration, and the second degree is any other sexual contact. It applies to family members that are known to be each other’s ancestor, descendant, or sibling. It does not matter whether the relationship is whole or half-blood, or whether it is legitimate or not.

Incest is illegal in West Virginia. Incest can include sexual intercourse or sexual intrusion. Both include penetration, the latter includes the humiliation of the penetrated party. This is prohibited between parents, children, siblings, grandparents, grandchildren, aunts, uncles, nieces or nephews. This includes whole-blood, half-blood, step-, and adoptive relationships.

Incest in Wisconsin is illegal. Incest laws outlaw marriage or sexual relations outside of marriage between people that are blood relatives. This includes anyone more closely related than second cousins, such as parents, grandparents, children, grandchildren, siblings, aunts or uncles and nieces or nephews, and first cousins. These marriages are considered void and sexual relations are a crime.

Incest is illegal in Wyoming. The incest laws in Wyoming apply to sexual intrusion and sexual contact between close family members. This definition includes persons known to be each other’s ancestors and descendants, (half) siblings, stepparents and stepchildren. It also applies to adoptive relationships and it does not matter if the relationships are legitimate or not.