Incest Laws Regarding Non-Blood Relatives

Incest, according to incest laws, is defined as sexual relations between closely related individuals. It is illegal in many jurisdictions. Specific definitions and punishments vary by state. When incest involves a child, it is considered child sexual abuse. All states within the United States have a statute relating to the prohibition against incest. These statutes vary widely by state, and some only focus on parental figures, some apply only to minors, some vary according to degree of relation, and others vary according to degree of sexual conduct.

Non-Blood Relations

The degrees of kinship requisite to constitute incest vary among the states. Intermarriage and sexual intercourse may be prohibited between individuals who are:

•    Related by half-blood, including brothers, sisters, uncles and nieces;
•    Non-blood relatives, including:
o    Stepparents,
o    Stepsiblings, and
o    In-laws.

You will need to consult your state’s law to find out which laws are applicable in your case. In some states, incest statutes apply to relationships between individuals related by marriage. Sexual relations between stepfathers, stepdaughters, stepmothers, stepchildren, and brothers and sisters-in-law, are punishable as incest under such state laws. The relationship must exist at the time the intermarriage or sexual intercourse for it to constitute incest. Also, upon death or divorce of the foundational marriage, such a relationship ceases to exist, making sexual relations or marriage perfectly legal.

Some statutes require the person accused of incest to have knowledge of the relationship in order to be prosecuted under incest law. It is not necessary to prove sexual intercourse in many cases of intermarriage for states where intermarriage is prohibited. The intermarriage constitutes the crime in such states.

Punishment for Incest in Cases of Non-Blood Relations

Punishment for incest varies according to state statutory law. The following factors may impact the length and severity of punishment for incest:

•    Degree of kinship (how closely related the individuals are);
•    Age of the parties;
•    Whether one of the parties was a minor;
•    Whether other crimes are charged;
•    Prior criminal misconduct; and
•    Other mitigating circumstances.

Crimes against children are generally severely prosecuted under both state and federal law. So, if the incest involved a minor, the chances of harsh punishment including sex offender registration and lengthy prison terms are greater.

Getting Legal Help

An attorney can help you if you are facing incest charges. Contact an experienced criminal defense attorney in your state to protect your freedom. An attorney will handle the legal process for you and advise you of your options.