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LADYLAWYER : So this would be your half-niece. The applicable statute is found in the Missouri Code, Section 451.020. This says: "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."
LADYLAWYER : BotXXXXX XXXXXne, no it would not be illegal with a half-blooded niece. It would if she were full-blooded.
Customer: I am curious if a sexual relationship would be legal. I found the incest law in Missouri and it says it is incest if "whole blood" but it says in another place that if anyone issues us a marriage license as a niece uncle union they commit a misdemeanor.
LADYLAWYER : Only for a whole blooded niece or uncle. Not a half.
LADYLAWYER : So yes, it would be legal.
Customer: And since her mom is my half sister (same dad, different mothers) she would be my half niece?
LADYLAWYER : Correct.
Customer: In a state that did not specify whole blood when attached to a niece uncle relationship would that be all inclusive to any type of niece uncle? So if it didn't state specifically whole blood, would it be illegal or a long drawn out court thing that would create a statute afterward?
LADYLAWYER : Well the Missouri statute does specify whole and half, when necessary. But to answer your question, it would have to specifically state whole. The legislature if the one that would have to create the statute after the fact and even if they did, it wouldn't retroactively apply.
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