Incest Laws By State 2019

Incest is defined as a sexual relationship between two closely related family members. The relationship between the two people is so close that they are unable to legally get married.

In the majority of states in the United States, incest is illegal. The punishments associated with engaging in an incestuous relationship vary by state. In many cases, incest is not revealed to outside parties, so therefore, the parties involved are not prosecuted.

In the states of New Jersey and Rhode Island, incest between criminal adults is legal. However, neither state permits marriage. In New Jersey, each person involved in the relationship must be at least 18 years old. In Rhode Island, the age of consent is 16 years old.

In the state of Ohio, incest is legally allowed provided that one party is not a parental figure to the other party.

In all other states, incest is illegal. The punishments for engaging in an incestuous relationship by state are as follows:

  • Alabama: 1 to 10 years in prison and a fine up to $15,000
  • Alaska: 2 to 12 years in prison and a fine up to $50,000
  • Arizona: 1 to 3.75 years in prison
  • Arkansas: 3 to 10 years in prison and a fine of $10,000
  • California: Probation or up to 3 years in prison and a fine of $10,000
  • Colorado: 2 to 12 years in prison and a fine of $2,000 to $750,000
  • Connecticut: 1 to 5 years in prison and a fine of $5,000
  • Delaware: Up to 1 year in prison and a fine of $2,300
  • District of Columbia: Up to 12 years in prison and a fine of $37,500
  • Florida: Up to 15 years in prison and a fine of $5,000
  • Georgia: 10 to 30 years in prison
  • Hawaii: Up to 5 years in prison
  • Idaho: Up to a life sentence in prison
  • Illinois: 2 to 10 years in prison and a $25,000 fine
  • Indiana: 1 to 6 years in prison
  • Iowa: Up to 5 years in prison and a fine of $7,500
  • Kansas: 5 months to 136 months in prison
  • Kentucky: 5 years to life in prison
  • Louisiana: 5 years to 30 years
  • Maine: Up to 5 years in prison and/or a $5,000 fine
  • Maryland: 1 to 10 years in prison
  • Massachusetts: Up to 20 years in prison
  • Michigan: Up to 2 years in prison and/or a fine up to $500
  • Minnesota: Up to 10 years in prison
  • Mississippi: Up to 10 years in prison or a fine up to $500
  • Missouri: Up to 7 years in prison
  • Montana: Up to a life sentence in prison
  • Nebraska: 1 to 25 years in prison
  • Nevada: 2 years to life in prison and a fine of $10,000
  • New Hampshire: 10 to 20 years in prison
  • New Jersey: At least 15 years without parole for 2nd degree assault; up to 18 months for criminal sexual contact
  • New Mexico: Up to 3 years in prison and a fine of $5,000
  • New York: 10 to 25 years in prison
  • North Carolina: 10 months to 182 months in prison
  • North Dakota: Up to 5 years in prison and a fine of $10,000
  • Ohio: 2 to 6 years in prison
  • Oklahoma: Up to 10 years in prison
  • Oregon: Up to 20 years in prison and a fine of $375,000
  • Pennsylvania: Up to 10 years in prison
  • Rhode Island: No criminal prosecution for consensual incest between parties aged 16 or older
  • South Carolina: 6 months to 5 years in prison and a minimum fine of $500
  • South Dakota: Up to 15 years in prison and a fine of $30,000
  • Tennessee: 3 to 15 years in prison and a fine of up to $10,000
  • Texas: 2 to 20 years in prison and a fine of up to $10,000
  • Utah: Up to 5 years in prison and a fine of $5,000
  • Vermont: Up to 5 years in prison and a fine of $1,000
  • Virginia: 1 to 20 years in prison and a fine of up to $100,000
  • Washington: Up to 10 years in prison and a fine of up to $10,000
  • West Virginia: 5 to 15 years in prison and a fine of $500, to $5,000
  • Wisconsin: Up to 40 years in prison and a fine of $100,000
  • Wyoming: Up to 15 years in prison and a fine of $10,000
State 2019 Pop. 2019 Growth
Alabama4,898,2460.21%
Alaska735,720-0.23%
Arizona7,275,0701.44%
Arkansas3,026,4120.42%
California39,747,2670.48%
Colorado5,770,5451.32%
Connecticut3,567,871-0.13%
Delaware975,0330.81%
District of Columbia711,5711.30%
Florida21,646,1551.63%
Georgia10,627,7671.03%
Hawaii1,416,589-0.27%
Idaho1,790,1822.05%
Illinois12,700,381-0.32%
Indiana6,718,6160.40%
Iowa3,167,9970.38%
Kansas2,910,931-0.02%
Kentucky4,484,0470.35%
Louisiana4,652,581-0.16%
Maine1,342,0970.28%
Maryland6,062,9170.33%
Massachusetts6,939,3730.54%
Michigan10,020,4720.25%
Minnesota5,655,9250.80%
Mississippi2,987,8950.05%
Missouri6,147,8610.35%
Montana1,074,5321.15%
Nebraska1,940,9190.60%
Nevada3,087,0251.73%
New Hampshire1,363,8520.55%
New Jersey8,922,5470.16%
New Mexico2,096,0340.03%
New York19,491,339-0.26%
North Carolina10,497,7411.10%
North Dakota760,9000.11%
Ohio11,718,5680.25%
Oklahoma3,948,9500.15%
Oregon4,245,9011.32%
Pennsylvania12,813,9690.05%
Rhode Island1,056,738-0.05%
South Carolina5,147,1111.24%
South Dakota892,6311.18%
Tennessee6,833,7930.94%
Texas29,087,0701.34%
Utah3,221,6101.91%
Vermont627,1800.14%
Virginia8,571,9460.64%
Washington7,666,3431.74%
West Virginia1,791,951-0.77%
Wisconsin5,832,6610.33%
Wyoming572,381-0.93%