What degree of kinship is required to constitute incest?

Incest is a cultural taboo. It has remained so throughout centuries in many societies around the world. In North America, including the United States, incest is more than a cultural ban. It is illegal. It is a crime.

What Is Incest?

Incest is sexual relationship between two closely related – linked by blood, individuals. It does not have to involve actual sexual intercourse for it to be incest. In the American legal system, there are 2 basic types of incest. These are:

• Closely related e.g. parents and children, brothers and sisters
• Less closely related – depends upon states but can be aunts/ uncles and nieces/nephews, first cousins, sometimes stepchildren and stepparents

States vary on the actual degree of kinship to determine what incest laws are applicable. For example, only 18 states consider the relationship between first cousins to be an incestuous one under the incest laws. 

The Penalties For Incest: Incest Laws In The United States

The possible penalties for incest vary according to the closeness of the blood relationship and the state that has jurisdiction over the offence. In New York, for example, if the incestuous relationship stems is classified as a closely related type, the crime is a felony. If the incestuous relationship occurs between less closely related members, it is a misdemeanor. Under New York incest laws, a felony earns the individual or individuals a 4-year prison term.

Talk To An Attorney

If you have questions about consanguinity and incest, talk to a lawyer. A learned attorney will know what laws are applicable in your state. He will be able to tell if you or someone you love is unwittingly involved in a relationship that runs foul of the incest laws.