Incest Laws by State 2025
State | Legality of Incest↓ | Fine if Convicted of Incest | Minimum Sentence (Years of Imprisonment) | Maximum Sentence (Years of Imprisonment) | Additional Incest Law Details | |
|---|---|---|---|---|---|---|
 | New Jersey | No criminal prosecution for 18+ | 2 | 15 | ||
 | Rhode Island | No criminal prosecution for 16+ | ||||
 | Alabama | Illegal | 15,000 | 1 | 10 | |
 | Alaska | Illegal | 50,000 | 1 | 5 | |
 | Arizona | Illegal | 1 | 3.8 | ||
 | Arkansas | Illegal | 10,000 | 3 | 10 | |
 | California | Illegal | 3 | |||
 | Colorado | Illegal | 750,000 | 2 | 12 | |
 | Connecticut | Illegal | 5,000 | 1 | 5 | |
 | Delaware | Illegal | 2,300 | 1 | ||
 | District of Columbia | Illegal | 37,500 | 12 | ||
 | Florida | Illegal | 5,000 | 5 | 15 | |
 | Georgia | Illegal | 10 | 30 | ||
 | Hawaii | Illegal | 5 | |||
 | Idaho | Illegal | 999 | Max sentence is life | ||
 | Illinois | Illegal | 25,000 | 2 | 10 | |
 | Indiana | Illegal | 1 | 6 | ||
 | Iowa | Illegal | 7,500 | 5 | ||
 | Kansas | Illegal | 100,000 | 0 | 11.3 | Max sentence is 136 months |
 | Kentucky | Illegal | 5 | 999 | Max sentence is life | |
 | Louisiana | Illegal | 5 | 30 | ||
 | Maine | Illegal | 5,000 | 5 | ||
 | Maryland | Illegal | 1 | 10 | ||
 | Massachusetts | Illegal | 20 | |||
 | Michigan | Illegal | 500 | 2 | ||
 | Minnesota | Illegal | 10 | |||
 | Mississippi | Illegal | 500 | 10 | ||
 | Missouri | Illegal | 7 | |||
 | Montana | Illegal | 50,000 | 999 | Max sentence is life | |
 | Nebraska | Illegal | 1 | 25 | ||
 | Nevada | Illegal | 10,000 | 2 | 999 | Max sentence is life |
 | New Hampshire | Illegal | 10 | 20 | ||
 | New Mexico | Illegal | 5,000 | 3 | ||
 | New York | Illegal | 10 | 25 | ||
 | North Carolina | Illegal | 1 | 15.2 | Max sentence is 182 months | |
 | North Dakota | Illegal | 10,000 | 5 | ||
 | Ohio | Illegal | 2 | 8 | ||
 | Oklahoma | Illegal | 10 | |||
 | Oregon | Illegal | 375,000 | 20 | ||
 | Pennsylvania | Illegal | 10 | |||
 | South Carolina | Illegal | 500 | 1 | 5 | |
 | South Dakota | Illegal | 30,000 | 15 | ||
 | Tennessee | Illegal | 10,000 | 3 | 15 | |
 | Texas | Illegal | 10,000 | 2 | 20 | |
 | Utah | Illegal | 5,000 | 5 | ||
 | Vermont | Illegal | 1,000 | 5 | ||
 | Virginia | Illegal | 100,000 | 1 | 20 | |
 | Washington | Illegal | 10,000 | 10 | ||
 | West Virginia | Illegal | 5,000 | 5 | 15 | |
 | Wisconsin | Illegal | 100,000 | 40 | ||
 | Wyoming | Illegal | 10,000 | 15 |
- States for which no minimum sentence is displayed establish the penalties as “Up to” the maximum sentence duration. For example, California’s full sentencing rule is “up to 3 years”.
- States whose maximum sentence is a life sentence have been given the placeholder amount “999” in the Maximum Sentence column.
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 United States, incest laws prohibited intimate relationships between children and parents, siblings, or grandchildren and grandparents. Almost all states criminalize incest between adults. Some states also prohibit intimate relations between aunts, uncles, nieces, nephews, and cousins. Additionally, state laws vary regarding half- and step-relatives and adopted relatives. States also have minimum age laws for marriage to help prevent child marriage, which could help prevent incestuous relationships.
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 the parties involved are not prosecuted. Except for those states mentioned below in this article, incest is illegal in all states.
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.
Delaware has the lowest maximum sentence for being convicted of incest, one year. The majority of states have maximum sentences of five to fifteen years. The harshest sentences are in Idaho, Kentucky, Montana, and Nevada. In these states, a person faces a maximum sentence of life in prison.
