Laws regarding incest in the United States

: States :  Federal district  :  Territories  :
Jurisdiction Prohibited relationships[3] Prohibited acts[3] Penalties
Either legitimately or illegitimately:

 His ancestor or descendant A Class C

by blood or adoption; or felony,[4] punisha
ble by a prison
 His brother or sister of the term of "...not
whole or half-blood or by more than 10
Alabama adoption; or Marriage, intercourse[4]
years or less
 His stepchild or stepparent, than 1 year and
while the marriage creating the 1 day..."[5] and
relationship exists; or a fine of up to
 His aunt, uncle, nephew or $15,000.[6]
niece of the whole or half-blood.
[4]

Either legitimately or illegitimately:

A Class C
 an ancestor or descendant felony,[7] punisha
of the whole or half blood; or ble by a prison
Sexual penetration (being
Alaska term "between 1
 a brother or sister of the 18 years of age or older)[7]
to 5 years"[8] and
whole or half blood; or
up to a
 an uncle, aunt, nephew, or $50,000 fine.[9]
niece by blood.[7]
A person he knows to be:

 his ancestor or descendant

by blood or adoption; or A Class D
 his stepchild or stepparent, felony,[10] punisha
while the marriage creating that Marriage, sexual ble by a prison
American term "not to
relationship exists and while the intercourse, deviate sexual
Samoa exceed 5
stepchild is 18 years of age or intercourse[10]
less; or years"[11] and up
to a $5,000 fine.
 his brother or sister of the [12]

whole or half-blood; or
 his uncle, aunt, nephew, or
niece of the whole blood.[10]
Arizona Persons with degrees Marriage, intercourse A class 4 felony,
of consanguinity which makes (cited in state law [13]
 with an
marriage incestuous and void.[13] The as fornication), imprisonment
se are: or adultery[13] term ranging
between 1 and 3
 between parents and and three-
children, including grandparents quarter years,
and grandchildren of every depending on
degree the severity.[15]
 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
o 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]
The person committing the act being
at least 16 years of age, knowingly,
and without regard to legitimacy,
including blood relationships: A Class C
felony[16] punisha
 An ancestor or a ble by
Marriage, sexual
descendant; imprisonment
intercourse, or deviate
Arkansas  A stepchild or adopted child; from 3 to 10
sexual activity with a
years for the first
 A brother or sister of the prohibited person.[16]
offense[17] and a
whole or half blood;
fine of up to
 An uncle, aunt, nephew, or $10,000.[18]
niece; or
 A stepgrandchild or
adopted grandchild.[16]
"...imprisonment
in the state
Being 14 years of age or older α, prison"[19] (specifi
persons within degrees of c penalty not
consanguinity which make described by
marriages incestuous and void, state law)
[19]
 without regard to the legitimacy of Registration as a
the relationship. These are: Marriage, sexual sex offender (for
intercourse (cited in state life until January
California  Parents and children law as fornication) or 1, 2021;[21] at
 Ancestors and descendants adultery[19] least 20 years
of every degree from date of
 Siblings of the half or whole conviction [if
blood only serving
 Uncles or aunts & nieces or probation] or
nephews[20] date of release
as of January 1,
2021[22])

Colorado Ancestor or descendant, including a Marriage, sexual Incest: 2y to 6y

natural child, child by adoption, or penetration, sexual and $2,000
stepchild, a brother or sister of the intrusion, sexual contact (minimum) to
whole or half blood, or an uncle, $500,000 fine;
aunt, nephew, or niece of the whole Aggravated
blood ("descendant" includes a child incest: 4y to 12 y
 and $3,000
(minimum) to
$750,000
fine[23] A
conviction for
incest or
aggravated
incest will also
result in a
sentence of
lifetime
supervision,
by adoption and a stepchild, but
which
only if the person is not legally
means electroni
married to the child by adoption or
c tagging for life,
the stepchild).
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.
Any person related within degrees
specified in 46b-21; No man may
marry his mother, grandmother,
daughter, granddaughter, sister,
aunt,
niece, stepmother or stepdaughter,
and no woman may marry
her father, grandfather, son, grands
on, brother, uncle,
nephew, stepfather or stepson.
Marriage; sexual 1y to 5y and
Connecticut
"a person is guilty of sexual assault intercourse $5,000 fine[25]
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."[24]

Delaware Without regard to legitimacy or Sexual intercourse Up to 1y and

adoption, male & his child, parent, $2,300 fine[26]
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
District of Marriage, cohabitation, Up to 12y and
daughter's daughter, brother's
Columbia sexual intercourse $37,500 fine[27]
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, sexual
intercourse (defined as the
Up to 5y (up to
Any person related by lineal penetration of the female
15y in some
Florida consanguinity, or a brother, sister, sex organ by the male sex
cases) and
uncle, aunt, nephew, or niece organ, however slight;
$5,000 fine[28]
emission of semen is not
required).
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
Georgia Sexual intercourse 10y to 30y[29]
the whole blood or of the half blood;
(4) Grandparent and grandchild; (5)
Aunt and nephew; or (6) Uncle and
niece.
Hawaii Persons within degrees of Sexual penetration Up to 5y[30]
consanguinity or affinity within which
 marriage is prohibited.
Persons within degrees of
Marriage, sexual Up to life
Idaho consanguinity which make
intercourse, adultery imprisonment[31]
marriages incestuous and void.
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
2y to 10y and
regardless of whether the child was
$25,000 fine
Illinois of the whole blood or half-blood or Sexual penetration
(more if
was adopted, was 18 years of age
specified)[32]
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 .
Person known to be biological Sexual intercourse,
parent, child, grandparent, deviate sexual conduct, 1y to 6y
Indiana
grandchild, sibling, aunt, uncle, marriage (unless valid (advisory)[33]
niece, or nephew. where entered)
Legitimately or illegitimately: Person
knows to be ancestor, descendant, Up to 5y and
Iowa Sexual act
brother or sister of whole or half $7,500 fine[34]
blood, aunt, uncle, niece or nephew.
An ancestor or descendant, a
brother or sister of the whole or half Knowing marriage or
Guam Up to 1y[36]
blood or an uncle, aunt, nephew or cohabitation[35]
niece of the whole blood.[35]
5m-13m
Person known to be biologically (simple), 31m-
related as parent, child, grandparent 136m
of any degree, grandchild of any Marriage, sexual (aggravated)
Kansas
degree, brother, sister, half-brother, intercourse, sodomy and/or up to
half-sister, uncle, aunt, nephew, $100,000 fine for
niece. either simple or
aggravated. [37]
Known ancestor, descendant,
brother, or sister without regard to Sexual intercourse or 5y to life
Kentucky
legitimacy, adoption, whole or half deviate sexual intercourse imprisonment[38]
blood, or stepparent and stepchild.
Ascendant or descendant, brother
or sister, uncle or niece, aunt or Marriage (unless married
Louisiana nephew (with knowledge), related legally in another state) or 5y to 30y[3]
by consanguinity either whole or half sexual intercourse.
blood
Maine Persons known to be within the 2nd Sexual intercourse (any Up to 5y and/or
degree of consanguinity (woman penetration of the female $5000 fine[39]
 and her father, grandfather, son,
grandson, brother, brother's son,
sister's son, father's brother or
mother's brother; man and his sex organ by the male sex
mother, grandmother, daughter, organ)
granddaughter, sister, brother's
daughter, sister's daughter, father's
sister or mother's sister).
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,
Maryland grandparent's spouse, spouse's Vaginal intercourse 1y to 10y[41]
grandparent, parent's sibling,
stepparent, spouse's parent,
spouse's child, child's spouse,
grandchild's spouse, spouse's
grandchild, or sibling's child).[40]
Marriage, sexual
intercourse, sexual
activities (including but not
limited to, oral or anal
intercourse, fellatio, cunnili
ngus, or other penetration
Persons within degrees of
Massachuse of a part of a person's
consanguinity which make Up to 20y[42]
tts body, or insertion of an
marriages incestuous and void.
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
Up to 2y or a
degree includes when the actors are
Michigan Sexual contact fine of up to
related "by blood or affinity to the
$500 or both[43]
third degree."
Person "nearer of kin to the actor
than first cousin…whether of the
Minnesota Sexual intercourse Up to 10y[3]
half or the whole blood, with
knowledge of the relationship".
Person within degrees of
Marriage or cohabitation,
consanguinity which make Up to 10y or
Mississippi adultery or sexual
marriages incestuous and void due $500 fine[44]
intercourse
to blood.
Missouri Persons known to be ancestor or Marriage, cohabitation, Up to 7y[41][45]
descendant by blood or adoption; sexual intercourse, sexual
stepchild while the marriage contact
creating the relationship exists;
brother or sister of whole or half
 blood; or uncle, aunt, nephew, or
niece of the whole blood.
Person known to an ancestor, a
descendant, a brother or sister of Up to life
Marriage, cohabitation,
the whole or half-blood, or a stepson imprisonment or
Montana sexual intercourse, sexual
or step-daughter, without regard to up to $50,000
contact
legitimacy, adoption, or step- fine [41]
relationship.
Between parents and children,
grandparents and grandchildren of
every degree, between brothers and
sisters of the half as well as the
whole blood, and between uncles Marriage, sexual
Nebraska 1y to 25y[46]
and nieces, aunts and nephews. penetration
Extend to children and relations
born out of wedlock or any person
who sexually penetrates
a minor stepchild.
2y to life
Persons within degrees of
Marriage, fornication, imprisonment
Nevada consanguinity which make
adultery and $10,000
marriages incestuous and void.
fine[47]
Person know to be an ancestor,
descendant, brother or sister (whole
Marriage, cohabitation
or half blood), and uncle, aunt,
New (under the representation
nephew, or niece without regard to 10y to 20y[48]
Hampshire of marriage), sexual
legitimacy, stepchildren, and
intercourse
relationships of parent and child by
adoption.
When the actor is "related to the
victim by blood or affinity to the 3rd
degree" and the victim is at least 16 At least 15y
but less than 18 years old. without parole
Sexual penetration (2nd (2nd degree
Underage sexual offences are degree sexual assault) or sexual assault)
New Jersey increased in severity by a degree if sexual contact (4th degree or up to 18m
also incestuous. criminal sexual contact) (4th degree
Consensual incest between people criminal sexual
18 years old or more is not a contact)[49]
criminal offense.

Persons known to be parents and

children (including grandparents and
grandchildren of every degree), Marriage or sexual Up to 3y and
New Mexico
brothers and sisters of half and intercourse $5,000 fine[50]
whole blood, uncles and nieces,
aunts and nephews.
New York Persons known to be related to him Marriage, sexual 10y to 25y[51]
or her, whether through marriage or intercourse, oral sexual
not, as an ancestor, descendant, conduct, or anal sexual
 brother or sister of either the whole
or the half blood, uncle, aunt,
nephew or niece. Half-blood
uncle/niece marriages are valid
pursuant to a 2014 State Court conduct
decision.
See https://www.courthousenews.co
m/half-blood-uncle-niece-couples-
endorsed-in-ny/
Person that is grandparent or
grandchild; parent or child or
North
stepchild or adopted child; brother Carnal intercourse 10m to 182m[52]
Carolina
or sister of whole or half-blood;
uncle aunt, nephew or niece.
Persons known to be within a
degree of consanguinity which
makes marriages void between:
parents and children, including
grandparents and grandchildren of
every degree; brothers and sisters
North of the half as well as the whole Marriage, cohabitation, Up to 5y and
Dakota blood; uncles and nieces of the half sexual activity $10,000 fine[53]
as well as the whole blood; aunts
and nephews of the half as well as
the whole blood; first cousins of the
half as well as the whole blood
(illegitimate and legitimate children
and relatives).
A person who is related either
legitimately or illegitimately, as
(1) an ancestor or descendant of the
Northern A person 18 years of age
whole or half blood; Up to 5y and
Mariana or older engages in sexual
(2) a brother or sister of the whole or $2,000 fine[54]
Islands penetration
half blood; or
(3) an uncle, aunt, nephew, or niece
by blood

Actor is the victim's "natural or

adoptive parent, step-parent
Ohio Sexual conduct 2y to 8y[55]
guardian, custodian, or person in
loco parentis of the other person".
Persons within degrees of
Marriage, fornication,
Oklahoma consanguinity which make a Up to 10y[56]
adultery
marriage incestuous and void.
Persons known to be related,
Marriage, sexual
legitimately or otherwise as Up to 20y and
Oregon intercourse, deviate sexual
Ancestors, descendants, or brother $375,000 fine[57]
intercourse
or sister of whole or half blood.
Pennsylvani Ancestor or descendant, a brother Marriage, cohabitation, Up to 10y[58]
 or sister of whole or half-blood, or
an uncle, aunt, nephew, or niece of
whole blood (blood relationships
a sexual intercourse
without regard to legitimacy, and
relationship of parent and child by
adoption).
1) Ancestors and descendants in all
degrees
2) Collateral by consanguinity up to
the third degree. Intermarriage or sexual
Puerto Rico including double-tie relationships as intercourse with each 4y to 10y[59]
well as single ties, and includes the other[59]
relationship of parent and child by
adoption or brother and sister by
adoption.[59]

No person shall marry his or her

sibling, parent, grandparent, child,
grandchild, stepparent,
grandparents' spouse, spouse's
Rhode child, spouse's grandchild, sibling's
Marriage None[60]
Island child or parent's sibling.
Consensual incest between people
16 years old or more is not a
criminal offense.

(1) A man with his mother,

grandmother, daughter,
granddaughter, stepmother, sister,
grandfather's wife, son's wife,
grandson's wife, wife's mother,
wife's grandmother, wife's daughter,
wife's granddaughter, brother's
daughter, sister's daughter, father's
6m to 5y and
South sister or mother's sister; (2) A
Carnal intercourse $500 minimum
Carolina woman with her father, grandfather,
fine[61]
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 Marriages between parents and Mutually consensual sexua Up to 15y and
Dakota children, ancestors and l penetration $30,000 fine[62]
descendants of every degree, and
between brothers and sisters of the
half as well as the whole blood, and
between uncles and nieces, or
aunts and nephews, and between
 cousins of the half as well as of the
whole blood, are null and void from
the beginning, whether the
relationship is legitimate or
illegitimate and include such
relationships that arise through
adoption.
Any person known to be natural
parent, child, grandparent,
grandchild, uncle, aunt, nephew,
3y to 15y and up
Tennessee niece, stepparent, stepchild, Sexual penetration
to $10,000 fine[63]
adoptive parent, adoptive child or
brother and sister of the half or
whole blood.
Person known to be ancestor or
Sexual intercourse (any
descendant by blood or adoption;
penetration of the female
current or former stepchild or
sex organ by the male sex
stepparent; parent's brother or sister
organ), deviate sexual
of the whole or half blood; brother or
intercourse (any contact
sister of the whole or half blood or 2y to 20y and up
Texas between the genitals of
by adoption; children of the actor's to $10,000 fine[64]
one person and the mouth
brother or sister of the whole or half
or anus of another person
blood or by adoption; the son or
with intent to arouse or
daughter of the actor's aunt or uncle
gratify the sexual desire of
of the whole or half blood or by
any person)
adoption.
United INCEST: Persons being within the who knowingly intermarry shall each be
States degrees of consanguinity within with each other, imprisoned for
Virgin which marriages are declared by not more than
or who commit fornication
Islands law to be void (V.I. CODE ANN. TIT. 10 years.
or adultery with each other
14, § 961);
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-

(1) a man and 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 or
sister's daughter;
(2) a woman and 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 or
sister's son; or
(3) any persons either of
whom has been previously
married and whose previous
marriage has not been
terminated by death or a
decree of divorce.

(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)

Person known to be ancestor,

descendant, brother, sister, uncle,
aunt, nephew, niece, or first cousin,
Sexual intercourse (not
without regard to whole or half blood
amounting to rape, rape of Up to 5y and
Utah relationship, legitimacy, parent and
a child or aggravated $5,000 fine[65]
child by adoption, or relationship of
sexual assault)
stepparent and stepchild while the
marriage creating the relationship of
a stepparent and stepchild exists.
Persons for whom marriage are Up to 5y and
Vermont Marriage, fornication
prohibited by state law. $1,000 fine[66]
1y to 10y and up
to $2,500 fine
(18 years of age
Persons for whom marriages are
or older); 5y to
Virginia prohibited; relations with children Adultery or fornication
20y and up to
and grandchildren.
$100,000 fine
(under 18 years
of age) [67]
Washington Persons known to be related to him 1st degree incest: sexual 1st degree
or her, either legitimately or intercourse; 2nd degree incest: up to 10y
 and up to
$20,000 fine;
illegitimately, as an ancestor,
2nd degree
descendant, brother, or sister of incest: Sexual contact
incest: up to 5y
either the whole or the half blood.
and up to
$10,000 fine;[68]
Sexual intercourse (any
act between persons
involving penetration,
however slight, of the
female sex organ by the
male sex organ or
involving contact between
Engaging with his or her father, the sex organs of one
mother, brother, sister, daughter, person and the mouth or
son, grandfather, grandmother, anus of another person) or 5y to 15y and
West
grandson, granddaughter, nephew, sexual intrusion (any act $500 to $5,000
Virginia
niece, uncle or aunt. The definition between persons involving fine[69]
of parent and child includes penetration, however
adoptive and step. slight, of the female sex
organ or of the anus of any
person by an object for the
purpose of degrading or
humiliating the person so
penetrated or for gratifying
the sexual desire of either
party)
Persons known to be blood relatives
and such relative is in fact related in Marriage or nonmarital Up to 40y and
Wisconsin
a degree within the marriage is sexual intercourse. $100,000 fine[70]
prohibited by the law
Persons known to be an ancestor or
descendant or a brother or sister of
the whole or half blood, including
Sexual intrusion, sexual Up to 15y and
Wyoming relationships of parent and child by
contact $10,000 fine[71]
adoption, blood relationships without
regard to legitimacy, stepparent and
stepchild.