Section 30-1-3
Issue of incestuous marriages not deemed illegitimate.
The issue of any incestuous marriage, before the same is annulled,
shall not be deemed illegitimate.
Section 13A-13-3
Incest.
(a) A person commits incest if he marries or engages in sexual intercourse
with a person he knows to be, either legitimately or illegitimately:
(1) His ancestor or descendant by blood or adoption; or
(2) His brother or sister of the whole or half-blood or by adoption;
or
(3) His stepchild or stepparent, while the marriage creating the relationship
exists; or
(4) His aunt, uncle, nephew or niece of the whole or half-blood.
(b) A person shall not be convicted of incest or of an attempt to commit
incest upon the uncorroborated testimony of the person with whom the offense
is alleged to have been committed.
(c) Incest is a Class C felony.
(Acts 1977, No. 607, p. 812, 7010.)
http://www.legislature.state.al.us/CodeofAlabama/1975/22063.htm
AS 25.05.021. Prohibited Marriages.
Marriage is prohibited and void if performed when
(1) either party to the proposed marriage has a husband or wife living;
or
(2) the parties to the proposed marriage are more closely related to
each other than the fourth degree of consanguinity, whether of the whole
or half blood, computed according to rules of the civil law.
Editors note: (first cousins are of the fourth degree thus Alaska does not prohibit 1st or more distant cousins from marrying)
http://www.touchngo.com/lglcntr/akstats/Statutes/Title25/Chapter05.htm
25-101. Void and prohibited marriages
A. Marriage between parents and children, including grandparents and
grandchildren of every degree, between brothers and sisters of the one-half
as well as the whole blood, and between uncles and nieces, aunts and nephews
and between first cousins, is prohibited and void.
B. Notwithstanding subsection A, first cousins may marry if both are
sixty-five years of age or older or if one or both first cousins are under
sixty-five years of age, upon approval of any superior court judge in the
state if proof has been presented to the judge that one of the cousins
is unable to reproduce.
C. Marriage between persons of the same sex is void and prohibited.
13-3608. Incest; classification
Persons who are eighteen or more years of age and are within the degrees
of consanguinity within which marriages are declared by law to be incestuous
and void, who knowingly intermarry with each other, or who knowingly commit
fornication or adultery with each other are guilty of a class 4 felony.
http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/25/00101.htm&Title=25&DocType=ARS
§ 9-11-106. Incestuous marriages - Penalties for entering into or solemnizing.
(a) All marriages between parents and children, including grandparents and grandchildren of every degree, between brothers and sisters of the half as well as the whole blood, and between uncles and nieces, and between aunts and nephews, and between first cousins are declared to be incestuous and absolutely void. This section shall extend to illegitimate children and relations.
(b) Whoever contracts marriage in fact, contrary to the prohibitions of subsection (a) of this section, and whoever knowingly solemnizes the marriage shall be deemed guilty of a misdemeanor and shall upon conviction be fined or imprisoned or both, at the discretion of the jury who shall pass on the case, or if the conviction shall be by confession, or on demurrer, then at the discretion of the court.
5-26-202. Incest.
(a) A person commits incest if, being sixteen (16) years of age or older, he purports to marry, has sexual intercourse with, or engages in deviate sexual activity with a person he knows to be:
(1) An ancestor or a descendant; or
(2) A stepchild or adopted child; or
(4) An uncle, aunt, nephew, or niece; or
(5) A stepgrandchild or adopted grandchild.
(b) The relationships referred to in this section shall include blood
relationship without regard to legitimacy.
(c) Incest is a Class C felony; however, incest is a Class A felony
if the victim is under sixteen (16) years of age and the perpetrator is
over twenty-one (21) years of age at the time of the offense.
http://www.arkleg.state.ar.us/lpbin/lpext.dll/newSdCode/7dd1/7e54/7f8f?f=file[document.htm]#JD_8d93
FAMILY.CODE
SECTION 2200-2201
2200. Marriages between parents and children, ancestors and
descendants of every degree, and between brothers and sisters of the
half as well as the whole blood, and between uncles and nieces or
aunts and nephews, are incestuous, and void from the beginning,
whether the relationship is legitimate or illegitimate.
http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=fam&codebody=&hits=20
14-10-111. Declaration of invalidity. (1) The district court shall enter
its decree declaring the
invalidity of a marriage entered into under the following circumstances:
[...]
(I) A marriage entered into prior to the dissolution of an earlier marriage
of one of the parties;
(II) A marriage between an ancestor and a descendant or between a brother
and a sister, whether the relationship is by the half or the whole blood;
(III) A marriage between an uncle and a niece or between an aunt and
a nephew, whether the relationship is by the half or the whole blood, except
as to marriages permitted by the established customs of aboriginal cultures;
18-6-301. Incest. (1) Any person who knowingly marries, inflicts sexual
penetration or sexual intrusion on, or subjects to sexual contact, as defined
in section 18-3-401, an ancestor or descendant, including a natural child,
child by adoption, or stepchild twenty-one years of age or older, a brother
or sister of the whole or half blood, or an uncle, aunt, nephew, or niece
of the whole blood commits incest, which is a class 4 felony. For the purpose
of this section only, "descendant" includes a child by adoption and a stepchild,
but only if the person is not legally married to the child by adoption
or the stepchild.
(2) When a person is convicted, pleads nolo contendere, or receives
a deferred sentence for a violation of the provisions of this section and
the victim is a child who is ten years of age or older and under eighteen
years of age and the court knows the person is a current or former employee
of a school district in this state or holds a certificate or letter of
authorization pursuant to the provisions of article 60 of title 22, C.R.S.,
the court shall report such fact to the department of education.
http://statute.intellinetusa.com/stat99/
Sec. 46b-21. (Formerly Sec. 46-1). Kindred who may not marry.
No man may marry his mother, grandmother, daughter, granddaughter, sister,
aunt, niece, stepmother or stepdaughter, and no woman may marry her father,
grandfather, son, grandson, brother, uncle, nephew, stepfather or stepson.
Any marriage within these degrees is void.
(1949 Rev., S. 7301; P.A. 78-230, S. 3, 54.)
History: P.A. 78-230 changed wording slightly and substituted "may"
for "shall"; Sec. 46-1 transferred to Sec. 46b-21 in 1979.
See Sec. 53a-191 re incest.
Annotations to former section 46-1: Does not prohibit marriage with
deceased husband's brother. 12 C. 94. "Sister" includes half sister for
purpose of incest prosecution. 132 C. 165. The marriage of a niece and
her uncle in Italy, though valid there and contracted without intent to
evade the law of this state, held not valid in this state. 148 C. 288.
(One judge dissenting.) Relationship of niece-in-law and uncle-in-law held
not within enumerated relationships for crime of incest. 158 C. 461. Annotations
to present section: Former section General Statutes (Rev. 1949) S. 7301
cited. 182 C. 344, 347. Relationship as half-uncle and half-niece is void.
213 C. 637642, 644646, 649, 656.
http://www.cslnet.ctstateu.edu/statutes/index.htm
§ 30-101. Marriages void ab initio - In general.
The following marriages are prohibited in the District of Columbia and
shall be absolutely void ab initio, without being so decreed, and their
nullity may be shown in any collateral proceedings, namely:
(1) The marriage of a man with his grandmother, grandfather's wife,
wife's grandmother, father's sister, mother's sister, mother, stepmother,
wife's mother, daughter, wife's daughter, son's wife, sister, son's daughter,
daughter's daughter, son's son's wife, daughter's son's wife, wife's son's
daughter, wife's daughter's daughter, brother's daughter, sister's daughter;
(2) The marriage of a woman with her grandfather, grandmother's husband,
husband's grandfather, father's brother, mother's brother, father, stepfather,
husband's father, son, husband's son, daughter's husband, brother, son's
son, daughter's son, son's daughter's husband, daughter's daughter's husband,
husband's son's son, husband's daughter's son, brother's son, sister's
son;
INCEST
Section 22-1901. Definition and penalty.
§ 22-1901. Definition and penalty.
If any person in the District related to another person within and
not including the fourth degree of consanguinity, computed according to
the rules of the Roman or civil law, shall marry or cohabit with or have
sexual intercourse with such other so-related person, knowing him or her
to be within said degree of relationship, the person so offending shall
be deemed guilty of incest, and, on conviction thereof, shall be punished
by imprisonment for not more than 12 years.
http://www.lexislawpublishing.com/sdCGI-BIN/om_isapi.dll?clientID=2494&hitsperheading=on&infobase=dccode.NFO&record={130FB}&softpage=Document
(a) A marriage is prohibited and void between a person and his or her ancestor, descendant, brother, sister, uncle, aunt, niece, nephew, first cousin or between persons of the same gender.
§ 766. Incest; class A misdemeanor.
a) A person is guilty of incest if the person engages in sexual intercourse
with another person with whom the person has one of the following relationships:
A male and his child.
A male and his parent.
A male and his brother.
A male and his sister.
A male and his grandchild.
A male and his niece or nephew.
A male and his father's sister or brother.
A male and his mother's sister or brother.
A male and his father's wife.
A male and his wife's child.
A male and the child of his wife's son or daughter.
A female and her parent.
A female and her child.
A female and her brother.
A female and her sister.
A female and her grandchild.
A female and her niece or nephew.
A female and her father's sister or brother.
A female and her mother's sister or brother.
A female and her mother's husband.
A female and her husband's child.
A female and the child of her husband's son or daughter.
(b) The relationships referred to herein include blood relationships
without regard to legitimacy and relationships by adoption.
Incest is a class A misdemeanor and is an offense within the original
jurisdiction of the Family Court.
Incest
(a) A person is guilty of incest when he marries a person whom he knows
to be related to him within any
of the degrees of kindred specified in section 46b-21. (b) Incest is
a class D felony.
741.21 Incestuous marriages prohibited.--A man may not marry any woman to whom he is related by lineal consanguinity, nor his sister, nor his aunt, nor his niece. A woman may not marry any man to whom she is related by lineal consanguinity, nor her brother, nor her uncle, nor her nephew.
826.04 Incest.--Whoever knowingly marries or has sexual intercourse with a person to whom he or she is related by lineal consanguinity, or a brother, sister, uncle, aunt, nephew, or niece, commits incest, which constitutes a felony of the third degree, punishable as provided in [...] "Sexual intercourse" is the penetration of the female sex organ by the male sex organ, however slight; emission of semen is not required.
19-3-3 G *** CODE SECTION *** 10/15/99
(a) Any person who marries a person to whom he knows he is related,
either by blood or by marriage, as follows:
(1) Father and daughter or stepdaughter;
(2) Mother and son or stepson;
(3) Brother and sister of the whole blood or the half blood;
(4) Grandparent and grandchild;
(5) Aunt and nephew; or
(6) Uncle and niece
shall be punished by imprisonment for not less than one nor more
than three years.
(b) Marriages declared to be unlawful under subsection (a) of this
Code section shall be void from their inception.
16-6-22. (a) A person commits the offense of incest when he engages in sexual intercourse with a person to whom he knows he is related either by blood or by marriage as follows: (1) Father and daughter or stepdaughter; (2) Mother and son or stepson; (3) Brother and sister of the whole blood or of the half blood; (4) Grandparent and grandchild; (5) Aunt and nephew; or (6) Uncle and niece. (b) A person convicted of the offense of incest shall be punished by imprisonment for not less than one nor more than 20 years.
http://www.ganet.state.ga.us/services/ocode/ocgsearch.htm
572-1 Requisites of valid marriage contract. In order to make valid
the marriage contract, which shall be only between a man and a woman, it
shall be necessary that:
(1) The respective parties do not stand in relation to each other of
ancestor and descendant of any degree whatsoever, brother and sister of
the half as well as to the whole blood, uncle and niece, aunt and nephew,
whether the relationship is the result of the issue of parents married
or not married to each other;
§707-741 Incest. (1) A person commits the offense of incest if
the person commits an act of sexual penetration with another who is within
the degrees of consanguinity or affinity within which marriage is prohibited.
(2) Incest is a class C felony. [L 1972, c 9, pt of §1; am L 1987,
c 176, §1
http://www.capitol.hawaii.gov/site1/docs/docs.asp?press1=docs
32-205. INCESTUOUS MARRIAGES. Marriages between parents and children,
ancestors and descendants of every degree, and between brothers and
sisters
of the half (1/2) as well as the whole blood, and between uncles and
nieces, or aunts and nephews, are incestuous, and void from the beginning,
whether the relationship is legitimate or illegitimate.
32-206. MARRIAGES BETWEEN FIRST COUSINS. All marriages between first
cousins are prohibited.
18-6602. INCEST. Persons being within the degrees of consanguinity within which marriages are declared by law to be incestuous and void, who intermarry with each other, or who commit fornication or adultery with each other, are punishable by imprisonment in the state prison not exceeding ten (10) years.
http://www3.state.id.us/idstat/TOC/32002KTOC.html
Sec. 212. Prohibited Marriages. (a) The following marriages are prohibited: (1) a marriage entered into prior to the dissolution of an earlier marriage of one of the parties; (2) a marriage between an ancestor and a descendant or between a brother and a sister, whether the relationship is by the half or the whole blood or by adoption; (3) a marriage between an uncle and a niece or between an aunt and a nephew, whether the relationship is by the half or the whole blood; (4) a marriage between cousins of the first degree; however, a marriage between first cousins is not prohibited if: (i) both parties are 50 years of age or older; or (ii) either party, at the time of application for a marriage license, presents for filing with the county clerk of the county in which the marriage is to be solemnized, a certificate signed by a licensed physician stating that the party to the proposed marriage is permanently and irreversibly sterile;
http://www.legis.state.il.us/ilcs/ch750/ch750act5articles/ch750act5artstoc.htm
Sec. 2. Two (2) individuals may not marry each other if the individuals
are more closely related than second cousins. However, two (2) individuals
may marry each other if the individuals are:
(1) first cousins; and
(2) both at least sixty-five (65) years of age.
http://www.state.in.us/legislative/ic/code/title31/ar11/
595.19 Void marriages.
1. Marriages between the following persons who are related by blood
are void:
a. Between a man and his father'ssister, mother's sister,daughter,sister,
son's daughter, daughter'sdaughter,brother's daughter,or sister's daughter.
b. Between a woman and her father's brother, mother's brother, son,brother,
son's son, daughter's son,brother's son, or sister's son.
c. Between first cousins.
http://web.legis.state.ia.us/Code.html
23-102. Incestuous marriages void. All marriages between parents and
children, including grandparents and grandchildren of any degree, between
brothers and sisters of the one half as well as the whole blood, and between
uncles and nieces, aunts and nephews, and first cousins, are declared to
be incestuous and absolutely void.
21-3602. Incest. Incest is marriage to or engaging in otherwise lawful
sexual intercourse or sodomy, as defined by K.S.A. 21-3501 and amendments
thereto, with a person who is 18 or more years of age and who is known
to the offender to be related to the offender as any of the following biological
relatives: parent, child, grandparent of any degree, grandchild of any
degree, brother, sister, half-brother, half-sister, uncle, aunt, nephew
or niece.
Incest is a severity level 10, person felony.
Aggravated incest. (a) Aggravated incest is: (1) Marriage to a person
who is under 18 years of age and who is known to the offender to be related
to the offender as any of the following biological, step or adoptive relatives:
Child, grandchild of any degree, brother, sister, half-brother, half-sister,
uncle, aunt, nephew or niece; or
(2) engaging in: (A) Otherwise lawful sexual intercourse or sodomy
as defined by K.S.A. 21-3501 and amendments thereto; or (B) any lewd fondling,
as described in subsection (a)(1) of K.S.A. 21-3503 and amendments thereto,
with a person who is 16 or more years of age but under 18 years of age
and who is known to the offender to be related to the offender as any of
the following biological, step or adoptive relatives: Child, grandchild
of any degree, brother, sister, half-brother, half-sister, uncle, aunt,
nephew or niece.
(b) Aggravated incest as described in subsection (a)(2)(A) is a severity
level 5, person felony. Aggravated incest as described in subsections (a)(1)
and (a)(2)(B) is a severity level 7, person felony.
http://www.ink.org/public/legislative/statutes/statutes.cgi
402.010 Degree of relationship that will bar marriage
(1)No marriage shall be contracted between persons who are nearer of
kin to each other by consangguinity, whether of the whole or half-blood
than second cousins.
(2) Marriages prohibited by section (1) are incestuous and void.
530.020 Incest. (1) A person is guilty of incest when he has sexual intercourse or deviate sexual intercourse, as defined in KRS 510.010, with a person whom he knows to be an ancestor, descendant, brother, or sister. The relationships referred to herein include blood relationships of either the whole or half-blood without regard to legitimacy, relationship of parent and child by adoption, and relationship of stepparent and stepchild.
http://162.114.4.13/krs/402-00/CHAPTER.HTM
Art. 90. Impediments of relationshipLouisiana
§78. Incest
A. Incest is the marriage to, or sexual intercourse with, any ascendant
or descendant, brother or sister, uncle or niece, aunt or nephew, with
knowledge of their relationship.
B. The relationship must be by consanguinity, but it is immaterial
whether the parties to the act are legitimate or illegitimate or related
to one another by the whole or half blood.
C. This Section shall not apply where one, not a resident of this state
at the time of the celebration of his marriage, shall have contracted a
marriage lawful at the place of celebration and shall thereafter have removed
to this state.
D.(1) Whoever commits incest, where the crime is between an ascendant
and descendant, or between brother and sister, shall be imprisoned at hard
labor for not more than fifteen years.
(2) Whoever commits incest, where the crime is between uncle and niece,
or aunt and nephew, shall be fined not more than one thousand dollars,
or imprisoned, with or without hard labor, for not more than five years,
or both.
Acts 1985, No. 706,§ 1.
http://www.legis.state.la.us/tsrs/search.htm
1997, c. 65, §3 (new).]
2. Prohibitions based on degrees of consanguinity; exceptions. This
subsection
governs marriage between relatives.
A. A man may not marry his mother, grandmother, daughter, granddaughter,
sister,
brother's daughter, sister's daughter, father's sister, mother's sister,
the daughter of
his father's brother or sister or the daughter of his mother's brother
or sister. A
woman may not marry her father, grandfather, son, grandson, brother,
brother's son,
sister's son, father's brother, mother's brother, the son of her father's
brother or sister
or the son of her mother's brother or sister. [1995, c. 694, Pt. B,
§2 (new); Pt. E, §2
(aff).]
B. Notwithstanding paragraph A, a man may marry the daughter of his
father's
brother or sister or the daughter of his mother's brother or sister,
and a woman may
marry the son of her father's brother or sister or the son of her mother's
brother or
sister as long as, pursuant to sections 651 and 652, the man or woman
provides the
physician's certificate of genetic counseling. [1995, c. 694, Pt. B,
§2 (new); Pt. E, §2
(aff).]
http://janus.state.me.us/legis/statutes/19-A/title19-Ach00sec0.html
http://mlis.state.md.us/cgi-win/web_statutes.exe
Chapter 272: Section 17. Incestuous marriage or intercourse.
Section 17. Persons within the degrees of consanguinity within which
marriages are prohibited or declared by law to be incestuous and void,
who intermarry or have sexual intercourse with each other, shall be punished
by imprisonment in the state prison for not more than twenty years or in
jail for not more than two and one half years.
Chapter 207: Section 1. Marriage of man to certain relatives.
Section 1. No man shall marry his mother, grandmother, daughter, granddaughter,
sister, stepmother, grandfather's wife, grandson's wife, wife's mother,
wife's grandmother, wife's daughter, wife's granddaughter, brother's daughter,
sister's daughter, father's sister or mother's sister.
Chapter 207: Section 2. Marriage of woman to certain relatives.
Section 2. No woman shall marry her father, grandfather, son, grandson,
brother, stepfather, grandmother's husband, daughter's husband, granddaughter's
husband, husband's grandfather, husband's son, husband's grandson, brother's
son, sister's son, father's brother or mother's brother.
http://www.state.ma.us/legis/laws/mgl/index.htm
Sec. 3. A man shall not marry his mother, sister, grandmother, daughter,
granddaughter, stepmother, grandfather's wife, son's wife, grandson's wife,
wife's mother, wife's grandmother, wife's daughter, wife's granddaughter,
brother's daughter, sister's daughter, father's sister, mother's sister,
or cousin of the first degree, or another man.
Sec. 4. A woman shall not marry her father, brother, grandfather, son,
grandson, stepfather, grandmother's husband, daughter's husband, granddaughter's
husband, husband's father, husband's grandfather, husband's son, husband's
grandson, brother's son, sister's son, father's brother, mother's brother,
or cousin of the first degree, or another woman.
http://www.michiganlegislature.org/law/GetObject.asp?objName=chap551
(2) a marriage between an ancestor and a descendant, or between a brother
and a sister, whether the relationship is by the half or the whole blood
or by adoption;
(3) a marriage between an uncle and a niece, between an aunt and a
nephew, or between first cousins, whether the relationship is by the half
or the whole blood, except as to marriages permitted by the established
customs of aboriginal cultures; and
609.365 Incest.
Whoever has sexual intercourse with another nearer of kin
to the actor than first cousin, computed by rules of the civil
law, whether of the half or the whole blood, with knowledge of
the relationship, is guilty of incest and may be sentenced to
imprisonment for not more than ten years.
http://www.revisor.leg.state.mn.us/stats/517.html
(1) The son shall not marry his grandmother, his mother, or his stepmother; the brother his sister; the father his daughter, or his legally adopted daughter, or his grand-daughter; the son shall not marry the daughter of his father begotten of his stepmother, or his aunt, being his father's or mother's sister, nor shall the children of brother or sister, or brothers and sisters intermarry being first cousins by blood. The father shall not marry his son's widow; a man shall not marry his wife's daughter, or his wife's daughter's daughter, or his wife's son's daughter, or the daughter of his brother or sister; and the like prohibition shall extend to females in the same degrees. All marriages prohibited by this subsection are incestuous and void.
97-29-27. Incest; marriage within prohibited degrees.
If any person shall marry within the degrees prohibited by law, he
shall be guilty of incest, and on conviction thereof he shall be fined
five hundred dollars or imprisoned in the penitentiary not longer than
ten years, or punished by both such fine and imprisonment, and such marriage
shall be void.
§ 97-29-9. Adultery and fornication;going out of state to marry.
If any persons, citizens or residents of this state, who are prohibited by the laws thereof from marrying, because of kindred, shall go out of this state for the purpose of marrying, and shall marry in any other state or country and return to this state and live together and cohabit as man and wife, or be guilty of a single act of copulation, they shall, on conviction, be punished, notwithstanding their marriage out of this state, by imprisonment in the penitentiary not longer than ten years, or be fined five hundred dollars, or both.
http://www.lexislawpublishing.com/Resources/
451.020. All marriages between parents and children, including grandparents and grandchildren of every degree, between brothers and sisters of the half as well as the whole blood, between uncles and nieces, aunts and nephews, first cousins, and between persons who lack capacity to enter into a marriage contract, are presumptively void; and it shall be unlawful for any city, county or state official having authority to issue marriage licenses to issue such marriage licenses to the persons heretofore designated, and any such official who shall issue such licenses to the persons aforesaid knowing such persons to be within the prohibition of this section shall be deemed guilty of a misdemeanor; and this prohibition shall apply to persons born out of lawful wedlock as well as those in lawful wedlock. It shall be presumed that marriages between persons who lack capacity to enter into a marriage contract are prohibited unless the court having jurisdiction over such persons approves the marriage.
Incest.
568.020. 1. A person commits the crime of incest if he marries or purports
to marry or engages in sexual intercourse or deviate sexual intercourse
with a person he knows to be, without regard to legitimacy:
(1) His ancestor or descendant by blood or adoption; or
(2) His stepchild, while the marriage creating that relationship exists;
or
(3) His brother or sister of the whole or half-blood; or
(4) His uncle, aunt, nephew or niece of the whole blood.
2. For purposes of this section:
(1) "Sexual intercourse" means any penetration, however slight, of
the female sex organ by the male sex organ;
(2) "Deviate sexual intercourse" means any act of sexual gratification
between persons not lawfully married to one another, involving the genitals
of one person and the mouth, tongue or anus of another.
3. Incest is a class D felony.
http://www.moga.state.mo.us/STATUTES/C451.HTM
40-1-401. Prohibited marriages -- contracts. (1) The following marriages
are prohibited:
(b) a marriage between an ancestor and a descendant or between a brother
and a sister, whether the relationship is by the half or the whole blood,
or between first cousins;
(c) a marriage between an uncle and a niece or between an aunt and
a nephew, whether the relationship is by the half or the whole blood;
45-5-507. Incest.
(1) A person commits the offense of incest if the person knowingly
marries, cohabits with, has sexual intercourse with, or has sexual contact,
as defined in [...] with an ancestor, a descendant, a brother or sister
of the whole or half blood, or any stepson or stepdaughter. The relationships
referred to in this subsection include blood relationships without regard
to legitimacy, relationships of parent and child by adoption, and relationships
involving a stepson or stepdaughter.
(2) Consent is a defense under this section to incest with or upon
a stepson or stepdaughter, but consent is ineffective if the victim is
less than 18 years old.
(3) A person convicted of incest shall be punished by life imprisonment
or by imprisonment in the state prison for a term not to exceed 100 years
or be fined an amount not to exceed $50,000.
(4) If the victim is under 16 years of age and the offender is 3 or
more years older than the victim or if the offender inflicts bodily injury
upon anyone in the course of committing incest, the offender shall be punished
by life imprisonment or by imprisonment in the state prison for a term
of not less than 4 years or more than 100 years and may be fined not more
than $50,000.
(5) In addition to any sentence imposed under subsection (3) or (4), after determining the financial resources and future ability of the offender to pay restitution as required by [...] the court shall require the offender, if able, to pay the victim's reasonable costs of counseling that result from the offense. The amount, method, and time of payment must be determined in the same manner as provided for in [...]
51-3. Want of capacity; void and voidable marriages.
All marriages between any two persons nearer of kin than first cousins,
or between double first cousins, or between a male person under 16 years
of age and any female, or between a female person under 16 years of age
and any male, or between persons either of whom has a husband or wife living
at the time of such marriage, or between persons either of whom is at the
time physically impotent, or between persons either of whom is at the time
incapable of contracting from want of will or understanding, shall be void.
14-178. Incest between certain near relatives. The parties shall be
guilty of a felony in all cases of carnal intercourse between (i) grandparent
and grandchild, (ii) parent and child or stepchild or legally adopted child,
or (iii) brother and sister of the half or whole blood. Every such offense
is punishable as a Class F felony. (1879, c. 16, s. 1; Code, s. 1060; Rev.,
s. 3351; 1911, c. 16; C.S., s. 4337; 1965, c. 132; 1979, c. 760, s. 5;
1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1, c. 179, s. 14; 1993,
c. 539, s. 1192; 1994, Ex. Sess., c. 24, s. 14(c).)
14-179. Incest between uncle and niece and nephew and aunt. In all cases
of carnal intercourse between uncle and niece, and nephew and aunt, the
parties shall be guilty of a Class 1 misdemeanor. (1879, c. 16, s. 2; Code,
s. 1061; Rev., s. 3352; C.S., s. 4338; 1993, c. 539, s. 118; 1994, Ex.
Sess., c. 24, s. 14(c).)
14-180. Repealed by Session Laws 1975, c. 402.
14-181, 14-182. Repealed by Session Laws 1973, c. 108, s. 4.
http://www.ncga.state.nc.us/statutes/statutes_in_html/chp0510.html
14-03-03 Void Marriages. The following marriages are incestuous and
void:
1. Marriage between parents and children including grandparents of
every degree
2. Marriage between brothers and sisters of the half as well as the
whole blood
3. Marriage between uncles and nieces of the half as well as the whole
blood
4. Marriage between aunts and nephews of the half as well as the whole
blood
5. Marriage between first cousins of the half as well as the whole
blood
This section applies to illigitimate as well as ligitimate children and relatives.
14-03-14. Marriage between white person and negro person void - Penalty.
REPEALED BY S.L 1955
12.1-20-11 Incest. A person who intermarries, cohabits, or engages
in a sexual act with another person related to him within a degree of consanquity
within which marries are declared incestuous and void by section 14-03-03,
knowing suck other person to be within said degree of relationship, is
guilty of class C felony.
http://ranch.state.nd.us/LR/cencode/CCT14.pdf
42-103. Marriages; when void. Marriages are void (1) when either party
has a husband or wife living at the time of the marriage, (2) when either
party, at the time of marriage, is mentally incompetent to enter into the
marriage relation, and (3) when the parties are related to each other as
parent and child, grandparent and grandchild, brother and sister of half
as well as whole blood, first cousins when of whole blood, uncle and niece,
and aunt and nephew. This subdivision extends to children and relatives
born out of wedlock as well as those born in wedlock.
28-703. Incest; penalty. (1) Any person who shall knowingly intermarry
or engage in sexual penetration with any person who falls within the degrees
of consanguinity set forth in section 28-702 or any person who engages
in sexual penetration with his or her minor stepchild commits incest.
(2) Incest is a Class III felony.
(3)(a) For purposes of this section, the definitions found in section 28-318 shall be used.
(b) The testimony of a victim shall be entitled to the same weight as the testimony of victims of other crimes under this code.
NRS 122.020 Persons capable of marriage; consent of parent or guardian.
1. A male and a female person, at least 18 years of age, not nearer
of kin than second cousins or cousins of the half blood, and not having
a husband or wife living, may be joined in marriage.
NRS 201.180 Incest: Definition; penalty. Persons being within the degree
of consanguinity within which marriages are declared by law to be incestuous
and void, who intermarry with each other, or who commit fornication or
adultery with each other, shall be punished for a category B felony by
imprisonment in the state prison for a minimum term of not less than 2
years and a maximum term of not more than 10 years, and may be further
punished by a fine of not more than $10,000.
[1911 C&P 193; RL 6458; NCL 10140]-(NRS A 1979, 1429; 1995,
1198)
http://www.leg.state.nv.us/NRS/index.htm
§ 457:1 Marriages Prohibited; Men. – No man shall marry his mother,
his father's sister, mother's sister, daughter, sister, son's daughter,
daughter's daughter, brother's daughter, sister's daughter, father's brother's
daughter, mother's brother's daughter, father's sister's daughter, mother's
sister's daughter, or any other man.
§ 457:2 Marriages Prohibited; Women. – No woman shall marry her
father, her father's brother, mother's brother, son, brother, son's son,
daughter's son, brother's son, sister's son, father's brother's son, mother's
brother's son, father's sister's son, mother's sister's son, or any other
woman.
http://199.192.9.6/rsa/43/INDEX.HTM#Chapter 457
37:1-1. Certain marriages prohibitedNew Jersey
http://www.njleg.state.nj.us/html/statutes.htm
40-1-7. [Incestuous marriages.]
All marriages between relations and children, including grandfathers
and grandchildren of all degrees, between half brothers and sisters, as
also of full blood; between uncles and nieces, aunts and nephews, are hereby
declared incestuous and absolutely void. This section shall extend to illegitimate
as well as to legitimate children.
30-10-3. Incest.
Incest consists of knowingly intermarrying or having sexual intercourse
with persons within the following degrees of consanguinity: parents and
children including grandparents and grandchildren of every degree, brothers
and sisters of the half as well as of the whole blood, uncles and nieces,
aunts and nephews. Whoever commits incest is guilty of a third degree felony.
Sec. 5. Incestuous and void marriages. A marriage is incestuous and void whether the relatives are legitimate or illegitimate between either: 1. An ancestor and a descendant; 2. A brother and sister of either the whole or the half blood; 3. An uncle and niece or an aunt and nephew. If a marriage prohibited by the foregoing provisions of this section be solemnized it shall be void, and the parties thereto shall each be fined not less than fifty nor more than one hundred dollars and may, in the discretion of the court in addition to said fine, be imprisoned for a term not exceeding six months. Any person who shall knowingly and wilfully solemnize such marriage, or procure or aid in the solemnization of the same, shall be deemed guilty of a misdemeanor and shall be fined or imprisoned in like manner.
S 255.25 Incest. A person is guilty of incest when he or she marries or engages in sexual intercourse or deviate sexual intercourse with a person whom he or she knows to be related to him or her, either legitimately or out of wedlock, as an ancestor, descendant, brother or sister of either the whole or the half blood, uncle, aunt, nephew or niece. Incest is a class E felony.
http://www.findlaw.com/11stategov/ny/nycl.html
§ 3101.01 Persons who may be joined in marriage; minor to obtain
consent.
Volume of Ohio Laws: 147 Bill Number: House Bill 408 Effective Date:
10-1-97 Text of Statute
Male persons of the age of eighteen years, and female persons of the age of sixteen years, not nearer of kin than second cousins, and not having a husband or wife living, may be joined in marriage.
http://onlinedocs.andersonpublishing.com/revisedcode/
§43-2. Marriages between ancestors and descendants of any degree, of a stepfather with a stepdaughter, stepmother with stepson, between uncles and nieces, aunts and nephews, except in cases where such relationship is only by marriage, between brothers and sisters of the half as well as the whole blood, and first cousins are declared to be incestuous, illegal and void, and are expressly prohibited. Provided, that any marriage of first cousins performed in another state authorizing such marriages, which is otherwise legal, is hereby recognized as valid and binding in this state as of the date of such marriage.
http://oklegal.onenet.net/statutes.basic.html
106.020 Prohibited and void marriages. The following marriages are prohibited; and, if solemnized within this state, are absolutely void:
(1) When either party thereto had a wife or husband living at the time
of such marriage.
(2) When the parties thereto are first cousins or any nearer of kin
to each other, whether of the whole or half blood, whether by blood or
adoption, computing by the rules of the civil law, except that when the
parties are first cousins by adoption only, the marriage is not prohibited
or void. [Amended by 1989 c.647 s.1]
SECTION 10. ORS 163.525 is amended to read: 163.525. (1) A person commits the crime of incest if the person marries or engages in sexual intercourse { - or deviate sexual intercourse - } with a person whom the person knows to be related to the person, either legitimately or illegitimately, as an ancestor, descendant or brother or sister of either the whole or half blood. (2) Incest is a Class C felony.
http://landru.leg.state.or.us/ors/
§ 1703. Marriage within degree of consanguinity.
All marriages within the prohibited degrees of consanguinity as set
forth in this part are voidable, but, when any of these marriages have
not been dissolved during the lifetime of the parties, the unlawfulness
of the marriage shall not be inquired into after the death of either of
the parties to the marriage.
(e) Marriage to relatives.--No marriage license may be issued to applicants
within the prohibited degrees of consanguinity which are as follows:
A man may not marry his mother.
A man may not marry the sister of his father.
A man may not marry the sister of his mother.
A man may not marry his sister.
A man may not marry his daughter.
A man may not marry the daughter of his son or daughter.
A man may not marry his first cousin.
A woman may not marry her father.
A woman may not marry the brother of her father.
A woman may not marry the brother of her mother.
A woman may not marry her brother.
A woman may not marry her son.
A woman may not marry the son of her son or daughter.
A woman may not marry her first cousin.
§ 4302. Incest.
A person is guilty of incest, a felony of the second degree, if that
person knowingly marries or cohabits or has sexual intercourse with an
ancestor or descendant, a brother or sister of the whole or half blood
or an uncle, aunt, nephew or niece of the whole blood. The relationships
referred to in this section include blood relationships without regard
to legitimacy, and relationship of parent and child by adoption.
http://members.aol.com/StatutesPA/23.html
§ 15-1-1 Men forbidden to marry kindred. – No man shall marry his
mother, grandmother, daughter, son's daughter, daughter's daughter, stepmother,
grandfather's wife, son's wife, son's son's wife, daughter's son's wife,
wife's mother, wife's grandmother, wife's daughter, wife's son's daughter,
wife's daughter's daughter, sister, brother's daughter, sister's daughter,
father's sister, or mother's sister.
§ 15-1-2 Women forbidden to marry kindred. – No woman shall marry
her father, grandfather, son, son's son, daughter's son, stepfather, grandmother's
husband, daughter's husband, son's daughter's husband, daughter's daughter's
husband, husband's father, husband's grandfather, husband's son, husband's
son's son, husband's daughter's son, brother, brother's son, sister's son,
father's brother, or mother's brother.
§ 15-1-3 Incestuous marriages void. – If any man or woman shall
intermarry within the degrees stated in § 15-1-1 or § 15-1-2,
the marriage shall be null and void.
§ 15-1-4 Marriages of kindred allowed by Jewish religion. – The
provisions of §§ 15-1-1 to 15-1-3 shall not extend to, or in
any way affect, any marriage which shall be solemnized among the Jews,
within the degrees of affinity or consanguinity allowed by their religion.
http://www.rilin.state.ri.us/Statutes/TITLE15/INDEX.HTM
SECTION 20-1-10. Persons who may contract matrimony.
(B) No man shall marry his mother, grandmother, daughter, granddaughter,
stepmother, sister, grandfather's wife, son's wife, grandson's wife, wife's
mother, wife's grandmother, wife's daughter, wife's granddaughter, brother's
daughter, sister's daughter, father's sister, mother's sister, or another
man.
(C) No woman shall marry her father, grandfather, son, grandson, stepfather,
brother, grandmother's husband, daughter's husband, granddaughter's husband,
husband's father, husband's grandfather, husband's son, husband's grandson,
brother's son, sister's son, father's brother, mother's brother, or another
woman.
SECTION 16-15-20. Incest.
Any persons who shall have carnal intercourse with each other within
the following degrees of relationship, to wit:
(1) A man with his mother, grandmother, daughter, granddaughter, stepmother,
sister, grandfather's wife, son's wife, grandson's wife, wife's mother,
wife's grandmother, wife's daughter, wife's granddaughter, brother's daughter,
sister's daughter, father's sister or mother's sister; or
(2) A woman with her father, grandfather, son, grandson, stepfather,
brother, grandmother's husband, daughter's husband, granddaughter's husband,
husband's father, husband's grandfather, husband's son, husband's grandson,
brother's son, sister's son, father's brother or mother's brother;
Shall be guilty of incest and shall be punished by a fine of not less
than five hundred dollars or imprisonment not less than one year in the
Penitentiary, or both such fine and imprisonment.
http://www.lpitr.state.sc.us/code/titl20.htm
§ 25-1-6. Incestuous marriages void.
Marriages between parents and children, ancestors and descendants of every degree, and between brothers and sisters of the half as well as the whole blood, and between uncles and nieces, or aunts and nephews, and between cousins of the half as well as of the whole blood, are null and void from the beginning, whether the relationship is legitimate or illegitimate. The relationships provided for in this section include such relationships that arise through adoption.
§ 22-22-19.1. Incest - Prohibited sexual contact - Felony.
Any person, fourteen years of age or older, who knowingly engages in sexual contact with another person, other than that person's spouse, if the other person is under the age of twenty-one and is within the degree of consanguinity or affinity within which marriages are by the laws of this state declared void pursuant to a charge brought pursuant to this section may be commenced at any time prior to the time the victim becomes age twenty-five or within seven years of the commission of the crime, whichever is longer.
36-3-101. Prohibited degrees of relationship.
Marriage cannot be contracted with a lineal ancestor or descendant, nor the lineal ancestor or descendant of either parent, nor the child of a grandparent, nor the lineal descendants of husband or wife, as the case may be, nor the husband or wife of a parent or lineal descendant.
39-15-302. Incest.
(a) A person commits incest who engages in sexual penetration as defined
in [..] with a person, knowing such person to be, without regard to legitimacy:
(1) The person's natural parent, child, grandparent, grandchild, uncle,
aunt, nephew, niece, stepparent, stepchild, adoptive parent, adoptive child;
or
(2) The person's brother or sister of the whole or half-blood or by
adoption.
(b) Incest is a Class C felony.
SUBCHAPTER C. DECLARING A MARRIAGE VOID
Sec. 6.201. Consanguinity.
A marriage is void if one party to the marriage is related to the other as:
(1) an ancestor or descendant, by blood or adoption;
(2) a brother or sister, of the whole or half blood or by adoption;
(3) a parent's brother or sister, of the whole or half blood or by adoption; or
(4) a son or daughter of a brother or sister, of the whole or half blood or by adoption.
http://capitol.tlc.state.tx.us/statutes/statutes.html
(1) The following marriages
are incestuous and void from the beginning, whether the relationship is
legitimate or illegitimate:
(a) marriages between
parents and children;
(b) marriages between
ancestors and descendants of every degree;
(c) marriages between
brothers and sisters of the half as well as the whole blood;
(d) marriages between
uncles and nieces or aunts and nephews;
(e) marriages between
first cousins, except as provided in Subsection (2); or
(f) marriages between
any persons related to each other within and not including the fifth degree
of consanguinity computed
according to the rules of the civil law, except as provided in Subsection
(2).
(2) First cousins may
marry under the following circumstances:
(a) both parties are
65 years of age or older; or
(b) if both parties
are 55 years of age or older, upon a finding by the district court, located
in the district in which either
party resides, that either party is unable to reproduce.
76-7-102. Incest.
1) A person is guilty of incest when, under
circumstances not amounting to rape, rape of
a
child or aggravated sexual assault, he has sexual
intercourse with a person whom he knows to be
an ancestor, descendant, brother, sister, uncle,
aunt, nephew, niece, or first cousin. The
relationships referred to herein include blood
relationships of the whole or half blood without
regard to legitimacy, relationship of parent
and
child by adoption, and relationship of
stepparent
and stepchild while the marriage creating the
relationship of a stepparent and stepchild
exists.
(2) Incest is a felony of the third degree.
http://www.le.state.ut.us/~code/TITLE30/30_01.htm
TITLE 15: Domestic Relations
CHAPTER 001: MARRIAGE
§ 1. Man forbidden to marry relatives
A man shall not marry his mother, grandmother, daughter, granddaughter,
sister, brother's daughter, sister's daughter, father's sister or mother's
sister. (Amended 1975, No. 28, § 1.)
§ 2. Woman forbidden to marry relatives
A woman shall not marry her father, grandfather, son, grandson, brother,
brother's son, sister's son, father's brother or mother's brother. (Amended
1975, No. 28, § 2.)
§ 3. Bar though marriage dissolved
If the relationship in those cases mentioned in sections 1 and 2 of
this title is founded on a marriage, the prohibition shall continue in
force notwithstanding the dissolution of such marriage by death or divorce,
unless the divorce is for a cause which shows the marriage to have been
originally unlawful or void.
§ 5. Marriage entered into in another state
If a person residing and intending to continue to reside in this state
is prohibited from contracting marriage under the laws of this state and
such person goes into another state or country and there contracts a marriage
prohibited and declared void by the laws of this state, such marriage shall
be null and void for all purposes in this state.
§ 205. Intermarriage of or fornication by persons prohibited to
marry
Persons between whom marriages are prohibited by the laws of this state
who intermarry or commit fornication with each other shall be imprisoned
not more than five years or fined not more than $1,000.00, or both. (Amended
1981, No. 223 (Adj. Sess.), § 16.)
http://www.leg.state.vt.us/statutes/statutes.htm
§ 20-38.1. Certain marriages prohibited.
(a) The following marriages are prohibited:
(1) A marriage entered into prior to the dissolution of an earlier
marriage of one of the parties;
(2) A marriage between an ancestor and descendant, or between a brother
and a sister, whether the relationship is by the half or the whole blood
or by adoption;
(3) A marriage between an uncle and a niece or between an aunt and
a nephew, whether the relationship is by the half or the whole blood.
§ 20-40. Punishment for violation of such prohibition; leaving
Commonwealth to avoid.
If any person marry in violation of § 20-38.1 </cgi-bin/legp504.exe?000+cod+20-38.1>
he shall be confined in jail not exceeding six months, or fined not exceeding
$500, in the discretion of the jury. If any persons, resident in this Commonwealth,
and within the degrees of relationship mentioned in that section, shall
go out of this Commonwealth for the purpose of being married, and with
the intention of returning, and be married out of it, and afterwards return
to and reside in it, cohabiting as man and wife, they shall be punished
as provided in this section, and the marriage shall be governed by the
same law as if it had been solemnized in this Commonwealth. The fact of
such cohabitation here shall be evidence of such marriage.
§ 18.2-366. Adultery and fornication by persons forbidden to marry;
incest.
A. Any person who commits adultery or fornication with any person whom
he or she is forbidden by law to marry shall be guilty of a Class 1 misdemeanor
except as provided by subsection B.
B. Any person who commits adultery or fornication with his daughter
or granddaughter, or with her son or grandson, or her father or his mother,
shall be guilty of a Class 5 felony. However, if a parent or grandparent
commits adultery or fornication with his or her child or grandchild, and
such child or grandchild is at least thirteen years of age but less than
eighteen years of age at the time of the offense, such parent or grandparent
shall be guilty of a Class 3 felony.
http://leg1.state.va.us/000/src.htm
RCW 26.04.020
Prohibited marriages.
(b) When the husband and wife are nearer of kin to each other than
second cousins, whether of the whole or half blood computing by the rules
of the civil law; or
(c) When the parties are persons other than a male and a female.
(2) It is unlawful for any man to marry his father's sister, mother's
sister, daughter, sister, son's daughter, daughter's daughter, brother's
daughter or sister's daughter; it is unlawful for any woman to marry her
father's brother, mother's brother, son, brother, son's son, daughter's
son, brother's son or sister's son.
RCW 9A.64.020
Incest.
(1) A person is guilty of incest in the first degree if he engages
in sexual intercourse with a person whom he knows to be related to him,
either legitimately or illegitimately, as an ancestor, descendant, brother,
or sister of either the whole or the half blood.
(2) A person is guilty of incest in the second degree if he engages
in sexual contact with a person whom he knows to be related to him, either
legitimately or illegitimately, as an ancestor, descendant, brother, or
sister of either the whole or the half blood.
(3) As used in this section, "descendant" includes stepchildren and
adopted children under eighteen years of age.
http://leg1.state.va.us/000/src.htm
765.03(1)
(1) No marriage shall be contracted while either of the parties has
a husband or wife living, nor between persons who are nearer of kin than
2nd cousins except that marriage may be contracted between first cousins
where the female has attained the age of 55 years or where either party,
at the time of application for a marriage license, submits an affidavit
signed by a physician stating that either party is permanently sterile.
Relationship under this section shall be computed by the rule of the civil
law, whether the parties to the marriage are of the half or of the whole
blood. A marriage may not be contracted if either party has such want of
understanding as renders him or her incapable of assenting to marriage.
765.04(1)
(1) If any person residing and intending to continue to reside in this
state who is disabled or prohibited from contracting marriage under the
laws of this state goes into another state or country and there contracts
a marriage prohibited or declared void under the laws of this state, such
marriage shall be void for all purposes in this state with the same effect
as though it had been entered into in this state.
(15) "Relative" means a parent, grandparent, stepparent, brother, sister, first cousin, nephew, niece, uncle or aunt. This relationship shall be by blood, marriage or adoption.
944.06 Incest. Whoever marries or has nonmarital sexual intercourse with a person he or she knows is a blood relative and such relative is in fact related in a degree within which the marriage of the parties is prohibited by the law of this state is guilty of a Class C felony.
http://www.legis.state.wi.us/rsb/weblinks.html
§48-1-2. What relatives a man may not marry.
No man shall marry his mother, grandmother, sister, daughter, granddaughter,
half sister, aunt, brother's daughter, sister's daughter, first cousin
or double cousin: Provided, That for the purpose of this section cousin
or double cousin shall not include persons whose relationship is created
solely by adoption: Provided, however, That if it be necessary to open
and examine the record of any adoption proceeding in the state to ascertain
that a relationship of cousin or double cousin is created solely by adoption,
then an application may be made to the circuit court wherein such proceeding
was had, by the clerk of the county commission seeking to issue the marriage
license, or either party applying for such license, to open such record
and cause examination thereof. Upon such application, the judge shall examine
the record confidentially and report to the clerk whether the record discloses
any consanguinity prohibited by this section and may grant such other relief
prayed for which may be proper under section four, article four of this
chapter.
§48-1-3. What relatives a woman may not marry.
No woman shall marry her father, grandfather, brother, son, grandson,
half brother, uncle, brother's son, sister's son, first cousin or double
cousin: Provided, That for the purpose of this section cousin or double
cousin shall not include persons whose relationship is created solely by
adoption: Provided, however, That if it be necessary to open and examine
the record of any adoption proceeding in the state to ascertain that a
relationship of cousin or double cousin is created solely by adoption,
then an application may be made to the circuit court wherein such proceeding
was had, by the clerk of the county commission seeking to issue the marriage
license, or either party applying for such license, to open such record
and cause examination thereof. Upon such application, the judge shall examine
the record confidentially and report to the clerk whether the record discloses
any consanguinity prohibited by this section and may grant such other relief
prayed for which may be proper under section four, article four of this
chapter.
§48-1-4. Prohibition against marriage within certain degrees continues
notwithstanding dissolution of marriage creating relationship.
In the cases mentioned in the two preceding sections, in which the
relationship is founded on a marriage, the prohibition shall continue in
force, notwithstanding the dissolution of such marriage by death or divorce,
unless the divorce be for a cause which made the marriage, originally,
unlawful or void.
Acts, 1974 Reg. Sess., Ch. 35.
§61-8-12. Incest; penalty.
(a) For the purposes of this section:
(1) "Aunt" means the sister of a person's mother or father;
(2) "Brother" means the son of a person's mother or father;
(3) "Daughter" means a person's natural daughter, adoptive daughter
or the daughter of a person's husband or wife;
(4) "Father" means a person's natural father, adoptive father or the
husband of a person's mother;
(5) "Granddaughter" means the daughter of a person's son or daughter;
(6) "Grandfather" means the father of a person's father or mother;
(7) "Grandmother" means the mother of a person's father or mother;
(8) "Grandson" means the son of a person's son or daughter;
(9) "Mother" means a person's natural mother, adoptive mother or the
wife of a person's father;
(10) "Niece" means the daughter of a person's brother or sister;
(11) "Nephew" means the son of a person's brother or sister;
(12) "Sexual intercourse" means any act between persons involving penetration,
however slight, of the female sex organ by the male sex organ or involving
contact between the sex organs of one person and the mouth or anus of another
person;
(13) "Sexual intrusion" means any act between persons involving penetration,
however slight, of the female sex organ or of the anus of any person by
an object for the purpose of degrading or humiliating the person so penetrated
or for gratifying the sexual desire of either party;
(14) "Sister" means the daughter of a person's father or mother;
(15) "Son" means a person's natural son, adoptive son or the son of
a person's husband or wife; and
(16) "Uncle" means the brother of a person's father or mother.
(b) A person is guilty of incest when such person engages in sexual
intercourse or sexual intrusion with his or her father, mother, brother,
sister, daughter, son, grandfather, grandmother, grandson, granddaughter,
nephew, niece, uncle or aunt.
(c) Any person who violates the provisions of this section shall be
guilty of a felony, and, upon conviction thereof, shall be imprisoned in
the penitentiary not less than five years nor more than fifteen years,
or fined not less than five hundred dollars nor more than five thousand
dollars and imprisoned in the penitentiary not less than five years nor
more than fifteen years.
(d) In addition to any penalty provided under this section and any
restitution which may be ordered by the court under article eleven-a of
this chapter, the court may order any person convicted under the provisions
of this section where the victim is a minor to pay all or any portion of
the cost of medical, psychological or psychiatric treatment of the victim,
the need for which results from the act or acts for which the person is
convicted, whether or not the victim is considered to have sustained bodily
injury.
(e) In any case where a person is convicted of an offense described
herein against a child and further has or may have custodial, visitation
or other parental rights to the child, the court shall find that the person
is an abusing parent within the meaning of article six, chapter forty-nine
of this code, and shall take such further action in accord with the provisions
of said article.
§61-8-13. Incest; limits on interviews of children eleven years
old or less; evidence.
(a) In any prosecution under the provisions of section twelve of this
article, the court may provide by rule for reasonable limits on the number
of interviews to which a victim who is eleven years old or less must submit
for law-enforcement or discovery purposes. To the extent possible the rule
shall protect the mental and emotional health of the child from the psychological
damage of repeated interrogation and at the same time preserve the rights
of the public and the defendant.
(b) At any stage of the proceedings, in any prosecution under this
article, the court may permit a child who is eleven years old or less to
use anatomically correct dolls, mannequins or drawings to assist such child
in testifying.
(c) In any prosecution under this article in which the victim's lack
of consent is based solely on the incapacity to consent because such victim
was below a critical age, evidence of specific instances of the victim's
sexual conduct, opinion evidence of the victim's sexual conduct and reputation
evidence of the victim's sexual conduct shall not be admissible. In any
other prosecution under this article, evidence of specific instances of
the victim's prior sexual conduct with the defendant shall be admissible
on the issue of consent: Provided, That such evidence heard first out of
the presence of the jury is found by the judge to be relevant.
(d) In any prosecution under this article evidence of specific instances
of the victim's sexual conduct with persons other than the defendant, opinion
evidence of the victim's sexual conduct and reputation evidence of the
victim's sexual conduct shall not be admissible: Provided, That such evidence
shall be admissible solely for the purpose of impeaching credibility, if
the victim first makes his or her previous sexual conduct an issue in the
trial by introducing evidence with respect thereto.
(e) In any prosecution under this article, neither age nor mental capacity
of the victim shall preclude the victim from testifying.
http://www.legis.state.wv.us/Code/toc.html
20-2-101. Void and voidable marriages defined; annulments.
[...]
(iii) When the parties stand in the relation to each other of parent
and child, grandparent and grandchild, brother and sister of half or whole
blood, uncle and niece, aunt and nephew, or first cousins, whether either
party is illegitimate. This paragraph does not apply to persons not related
by consanguinity.
6-4-402. Incest; penalties; disclosure or publication of identifying
information; "minor victim".
(a) A person is guilty of incest if he knowingly commits sexual intrusion,
as defined by W.S. 6-2-301(a)(vii), or sexual contact, as defined by W.S.
6-2-301(a)(vi), with an ancestor or descendant or a brother or sister of
the whole or half blood. The relationships referred to herein include relationships
of:
(i) Parent and child by adoption;
(ii) Blood relationships without regard to legitimacy; and
(iii) Stepparent and stepchild.
(b) Incest is a felony punishable by imprisonment for not more than
five (5) years, a fine of not more than five thousand dollars ($5,000.00),
or both.
(c) Prior to the filing of an information or indictment charging a
violation under this section, neither the name of the person accused or
the victim nor any other information reasonably likely to disclose their
identity shall be released or negligently allowed to be released to the
public by any public employee, except as authorized by the judge or justice
with jurisdiction over the criminal charges. The name of the person accused
may be released to the public to aid or facilitate an arrest.
(d) After the filing of an information or indictment and upon the request
of a minor victim or another acting on behalf of a minor victim, the trial
court may, to the extent necessary to protect the welfare of the minor
victim, restrict the disclosure or publication of information reasonably
likely to identify the minor victim.
(e) Any person who willfully violates subsection (c) or (d) of this
section or who willfully neglects or refuses to obey any court order made
pursuant thereto is guilty of contempt and, upon conviction, shall be fined
not more than seven hundred fifty dollars ($750.00) or be imprisoned in
the county jail not more than ninety (90) days, or both.
(f) A release of a name or other information to the public in violation
of the proscriptions of subsection (c) or (d) of this section shall not
stand as a bar to the prosecution of a defendant nor be grounds for dismissal
of any charges against a defendant.
(g) As used in this section, "minor victim" means a person under the
age of eighteen (18) years.