Incest is illegal in some form in all 50 states. However, the criminal charges and penalties connected to incest vary, and some states have some key exceptions.

For example, Rhode Island and New Jersey do not criminalize incestuous sexual relationships, as long as they are consensual and both partners meet specific age requirements. Incestuous marriage, however, is still illegal in both states.

A few other states, including Connecticut, don’t have criminal statutes explicitly covering consensual sexual relationships between adult siblings. State laws also differ regarding which relatives fall under the legal definition of incest.

Additionally, other criminal charges may apply. For example, even if a consensual act is technically legal under state laws, someone could still face lewd conduct or public morality charges.

Definition of Incest

Incest involves sexual contact between close relatives, including brothers and sisters, parents and children, grandparents and grandchildren, or aunts or uncles with nephews or nieces, according to the Legal Information Institute. It’s technically illegal in every state, though as mentioned, there are key exceptions.

“Incest remains one of the most entrenched taboos in American society,” according to an article in the William & Mary Law Review.

Regardless of its taboo status in the U.S. — or perhaps because of it — incest remains a common theme in popular culture, particularly in the “Game of Thrones” franchise and “The White Lotus.”

Incest also remains secretive. The U.S. Department of Justice calls incest “the hidden crime,” with thousands of unreported cases per year.

Between 1980 and 2022, about 15% of U.S. families reported an incident of incest within the family, according to Statista. Yet just 20% of incest victims report the crime to law enforcement agencies.

However, experts say, children rarely lie about being a victim of incest, although perpetrators often threaten their victims to silence them.

Is Incest Legal in the U.S.?

Each state has laws criminalizing incest, but there are no federal incest laws. This means the laws vary from state to state.

Incest is a felony in some states and a misdemeanor in others, “but the consensus is that sexual relationships between close relatives are illegal and punishable by law,” according to Wisevoter.com.

Incest Laws in the U.S.

Across the U.S., many states outlaw sexual relations among relatives who aren’t spouses because of the damage it can inflict on family relationships and the potential for genetic defects if a child is born as a result of incest.

Some states are stricter than others. Several ban sexual relations not only between blood relatives but also between people considered family members, but who are not blood relatives. This includes:

• Adoptive parents and adopted children
• Stepparents and stepchildren
• Foster parents and foster children

States with these restrictions include: Alabama, Missouri, Montana, Nebraska, New Hampshire, Tennessee, Texas, Virginia, Utah, and Vermont.

Additionally, laws involving extended family members vary widely between states. For example, sex between close cousins is illegal in some states, while sexual relations between distant cousins might be legal unless they live in the same home.

A handful of states stand out for their unusual legal stances on incest. For instance:

• New Jersey: Incest is legal among two people who are at least 18 years old as long as the relationship is consensual
• Rhode Island: Incest is legal as long as the individuals are at least 16 and the relationship is consensual.
• Ohio: Incest is illegal only when a parental figure is involved. However, the parental figure doesn’t need to be a blood relative. For example, a stepparent or guardian could be involved.
• Connecticut: No statute explicitly prohibits non-marital, consensual incest between adult siblings.
• Tennessee: Defines incest as sexual penetration with a “close relative,” including siblings. It is considered a Class C felony. 
• Nevada: Outlaws relationships between relatives closer than second cousins. The penalties range from two years to life in prison.

Incest Laws in Texas

Texas law spells out the types of incest that are prohibited. Someone in Texas can be charged with a second-degree or third-degree felony if they’re aware that the alleged victim is:

• An ancestor or descendant by blood or adoption.
• A current or former stepchild or stepparent.
• An aunt, uncle, half-aunt or half-uncle.
• A brother or sister, half sibling, or adopted sibling.
• A niece or nephew, half-niece or half-nephew, or adopted niece or nephew.
• The son or daughter of the suspect’s aunt or uncle (whether whole, half, or adopted).

Statistics show that father-daughter incest is the most common type of incest, followed by brother-sister incest. Most incest incidents involve either an underage victim or an underage perpetrator.

Two Types of Incest in Texas

• Deviate sexual intercourse. This means any contact between the genitals of one person and the mouth or anus of another person “with intent to arouse or gratify the sexual desire of any person.”
• Sexual intercourse. This means any penetration of the female sex organ by the male sex organ.

Criminalization and Penalties

Practically every state treats incest as a felony offense, and as with many other types of criminal charges, there can be aggravating factors, particularly if a minor is involved.

Most of the time, the minor is considered a victim and the adult becomes a criminal suspect, even if the act is consensual.

Someone convicted of an incest charge may be sentenced to one year to life in jail or prison.

For example, in Texas, parent-child incest is considered the most egregious offense, regardless of whether the victim is a minor or is above the age of consent. This act is classified as a second-degree felony, carrying a potential sentence of 2 to 20 years in prison, a fine of up to $10,000, or both. Sexual relationships between other family members covered by Texas law are classified as a third-degree felony, with a potential for a maximum of 10 years in prison, a fine as high as $10,000, or both.

Incest also might be charged in conjunction with another criminal law, such as rape, statutory rape, child molestation or child abuse. A prosecutor will determine which criminal charges apply in an incest case.

People can also be charged with incest for marrying a close relative and engaging in sex with them. In Texas, that relative could even be a first cousin.

Consanguinity and Genetic Risks

If an incest victim becomes pregnant, this raises concerns about the baby inheriting genetic problems. For instance, a consanguineous relationship — meaning the people in the relationship are descended from a common ancestor, particularly two close relatives who get married — might result in a baby born with impaired hearing, heart defects, cognitive issues, and other genetically related disorders.

According to the BMJ medical journal, a billion people around the world live in countries where marriage among relatives is common. In some Asian, African and Middle Eastern nations, up to half of marriages are consanguineous.

One U.S. study found that three-fourths of incest perpetrators were blood relatives, and one-fourth were not blood relatives, including stepfamilies and adoptive families.

Legal Exceptions or Nuances

Generally, state laws across the U.S. harshly punish suspects convicted in incest cases. But these laws might differ in ways such as:

• Whether incest laws are limited to blood relatives, such as parents and children, or whether they extend to relatives who aren’t as close, such as second cousins. Laws might even take a different approach to incest involving adoptive parents and adopted children.
• Whether consent is involved. In Texas, even an incestuous relationship between two consenting adults result in felony charges.
• The victim’s age. If a victim is a minor, the penalties might be more strict.
• Penalties for a conviction. Punishments may include a jail or prison sentence, a fine, probation or court-ordered counseling.
• The nature of the crime. For example, some jurisdictions might charge a suspect with incest rape, which indicates the victim was sexually assaulted.

Victim Rights and Advocacy in Legal Proceedings

Several organizations offer assistance to incest victims as they seek to recover and their cases go through the legal system:

• Rape, Abuse & Incest National Network (RAINN), a national nonprofit that supports survivors of incest and other kinds of sexual abuse.
• Sexual Assault Advocacy Network (SAAN), a national organization that helps sexual assault survivors/advocates and their allies.
• Incest AWARE, a nationwide alliance of survivors, supporters and organizations who seek to protect children from incest.
• Survivors of Incest Anonymous, an organization that help survivors of childhood sexual abuse.
• Crime Victim Services Division of the Texas Attorney General’s Office.
• Victim services units within law enforcement agencies across Texas.
• Texas Advocacy Project, which provides free legal assistance and other services to survivors of sexual assault and domestic violence.
• Texas CASA, a nonprofit that advocates for children in the state’s child welfare system.

Legal Defenses in Incest Cases

Generally speaking, marriage, age, consent and diminished mental capacity aren’t a legal defenses in incest cases. Among the defenses that might be valid are:

• Insufficient evidence
• False testimony
• Contradictory testimony by medical experts or witnesses
• Adoptive parent/adopted child relationship or stepparent/stepchild relationship developed after sexual relations happened

Insufficient evidence is the most common and perhaps most successful defense in any legal case. Without sufficient evidence to convict a defendant, a jury or judge may find the suspect not guilty. Or a case could be thrown out.

False testimony or contradictory testimony also can weaken an incest case. A lack of strong testimony might lead to a not-guilty verdict or even to a case being dismissed.

Legal Representation and Court Proceedings in Incest Cases

Considering the legal complexities, someone accused of incest should seek good legal representation in order to develop a legal strategy and carry out a solid legal defense. Without a proper legal defense, a defendant risks being convicted and perhaps faces a life behind bars.

FAQs About Incest Laws