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Illegal
48
No criminal prosecution for 18+
1
No criminal prosecution for 16+
1

Incest Laws by State 2024

Incest Laws by State 2024

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.

Incest Laws by State 2024

  • 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 use the placeholder amount "999" in the Maximum Sentence column.

50 Rows

State
Legality
Fine
Minimum Sentence
Maximum Sentence
Additional Details
AlabamaIllegal$15,000110
AlaskaIllegal$50,000212
ArizonaIllegal13.8
ArkansasIllegal$10,000310
CaliforniaIllegal$10,0003
ColoradoIllegal$750,000212
ConnecticutIllegal$5,00015
DelawareIllegal$2,3001
FloridaIllegal$5,00015
GeorgiaIllegal1030
HawaiiIllegal5
IdahoIllegal999
Max sentence is life
IllinoisIllegal$25,000210
IndianaIllegal16
IowaIllegal$7,5005
KansasIllegal0.411.3
Max sentence is 136 months
KentuckyIllegal5999
Max sentence is life
LouisianaIllegal530
MaineIllegal$5,0005
MarylandIllegal110
MassachusettsIllegal20
MichiganIllegal$5002
MinnesotaIllegal10
MississippiIllegal$50010
MissouriIllegal7
MontanaIllegal999
Max sentence is life
NebraskaIllegal125
NevadaIllegal$10,0002999
Max sentence is life
New HampshireIllegal1020
New JerseyNo criminal prosecution for 18+1.515
New MexicoIllegal$5,0003
New YorkIllegal1025
North CarolinaIllegal0.815.2
Max sentence is 182 months
North DakotaIllegal$10,0005
OhioIllegal26
OklahomaIllegal10
OregonIllegal$375,00020
PennsylvaniaIllegal10
Rhode IslandNo criminal prosecution for 16+
South CarolinaIllegal$5000.55
South DakotaIllegal$30,00015
TennesseeIllegal$10,000315
TexasIllegal$10,000220
UtahIllegal$5,0005
VermontIllegal$1,0005
VirginiaIllegal$100,000120
WashingtonIllegal$10,00010
West VirginiaIllegal$515
WisconsinIllegal$100,00040
WyomingIllegal$10,00015

Sources