Incest Laws By State 2020

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 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

Incest Laws By State 2020

State Incest Legality 2020 Pop.
Rhode Island1,056,160
New Jersey8,936,570
Wyoming567,025
Wisconsin5,851,750
West Virginia1,778,070
Washington7,797,100
Virginia8,626,210
Vermont628,061
Utah3,282,120
Texas29,472,300
Tennessee6,897,580
South Dakota903,027
South Carolina5,210,100
Pennsylvania12,820,900
Oregon4,301,090
Oklahoma3,954,820
Ohio11,747,700
North Dakota761,723
North Carolina10,611,900
New York19,440,500
New Mexico2,096,640
New Hampshire1,371,250
Nevada3,139,660
Nebraska1,952,570
Montana1,086,760
Missouri6,169,270
Mississippi2,989,260
Minnesota5,700,670
Michigan10,045,000
Massachusetts6,976,600
Maryland6,083,120
Maine1,345,790
Louisiana4,645,180
Kentucky4,499,690
Kansas2,910,360
Iowa3,179,850
Indiana6,745,350
Illinois12,659,700
Idaho1,826,160
Hawaii1,412,690
Georgia10,736,100
Florida21,993,000
District of Columbia720,687
Delaware982,895
Connecticut3,563,080
Colorado5,845,530
California39,937,500
Arkansas3,039,000
Arizona7,378,490
Alaska734,002
Alabama4,908,620