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Legal-Guru
Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1366
Experience:  Experienced Criminal Trial Attorney since 1998.
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Is consensual sex between an Uncle (23) and Niece (22) incest

Customer Question

Is consensual sex between an Uncle (23) and Niece (22) incest if the Nieces's mother is only a half sister of the Uncle? If so what is the severity of the crime and sentence? Also, if the Niece becomes pregnant, what ramifications could fall upon her and her child from a previous marriage, and her unborn child? In the State of Arkansas?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Legal-Guru replied 6 years ago.
Yes, it is incest for an uncle and niece to have sex in Arkansas even though the niece's mother and uncle are only half brother and sister. (The statute is Ark. Stat. Sec. 5-26-202)

In fact, the Arkansas Supreme Court in 2003 ruled that it is incest even if the uncle and niece are not related by blood at all. In Heikkila v. State of Arkansas, 98 S.W.3d 805 (Ark. 2003) the court affirmed a conviction for a man who had sex with his wife's sister's daughters. Here's a link to the court's opinion:

http://law.justia.com/cases/arkansas/supreme-court/2003/cr02-852.html

Regarding your other questions, in Arkansas Incest is a Class C felony which makes it punishable by 3 to 10 years in prison. However, if charged they could be offered probation, and my guess is that they probably would be offered probation given that they are both consenting adults of similar age.

If given probation on a sex offense the person cannot reside in a house with a minor unless the judge finds that they pose no danger to the minors in the residence.