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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 117377
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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What are the Georgia laws on incest involving a half aunt

Customer Question

What are the Georgia laws on incest involving a half aunt and half nephew? The code 16-6-22 looks like it was recently changed to ban it. But the law on marriage 19-3-3 still has the old wording which would allow it. So how does that work? And is there a grandfather exception to this or does the law expect legal age consenting couples to just split up the day the new law became in effect? Georgia allows marriage t first cousins and the same percent of blood relation for genes is the same between cousins as it is between half aunt and half nephew. So these 3 codes contradict each other. Help....
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If there is relationship by BLOOD or Marriage, the GA law now prohibits such a relationship. However, under the US Constitution Article I, Section 9, Clause 3, it says there shall be a prohibition on ex post facto laws (commonly referred to as a grandfather clause) and that would mean the relationship occurring before the law was changed would not be unlawful under the new law. So, if the law changes that does not make their prior relationship before it was illegal now illegal to where they must divorce.
Customer: replied 10 months ago.
Ok we are not going to be married till December of this year. Can you tell me exactly when it changed to include the half blood aunt/nephew to be illegal? So would we still be permitted to marry ? 19-3-3 was not updated to the new wording. I guess our issue is facing ten years in prison and making sure we under this. Long story short. Neither of us were raised in the family that connects us. Hell neither of us knew the other one existed till last year. So it's not like we have a family bond of any kind. Neither of us still have anything to do with that family. We could have met online dating etc and we wouldn't have known for a long time. So we are frustrated with the laws changing right b4 we get married and how cousins can marry in Georgia but we might not be able to. Neither of us will be having anymore children and have taken measures on both ends to ensure of that. So that shouldn't be an issue either. So if we can't marry in Georgia. Where can we move and live and it be legal to marry and not face life in prison?
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply.
No, you would not be able to marry in GA. However, in NY the court ruled there that "avunculate marriages" are legal under their laws. There is no legal prohibition on avunculate marriages or consensual sexual relations Ohio, and New Jersey either.
Customer: replied 10 months ago.
Ok. So for clarification and then I'll stop harassing you. Lol. We can be together in Georgia but now we can't marry even though the marriage code was never changed to make half blood illegal? Yes- we r looking for that loophole. It's hard to cancel a wedding bc the law changed this past year and we just heard about it. Ugh. So if no loop hole is available then. We only have 3 states that we can move to?
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply.
The issue is that while you might be able to marry, the fact you would be engaged in a sexual relationship would make it unlawful under the incest laws. So the states we provided would be the only ones that such marriage is legal and sexual relations are legal as well.