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Incest Law Related Questions

Incest is a crime and can often result in felony charges and conviction for felony. The normal assumption is this is only due to blood-related family members; however, this is not always the case.  The legal interpretation of incest can leave unanswered questions. Family Lawyers on JustAnswer frequently answer questions related to the legal implications of incest.

What is New York’s Incest law?

In New York it is illegal. However, the law under section 255.25 states that: “A person shall not be convicted of incest or attempt to commit incest solely upon the testimony of the other party unsupported by other evidence tending to establish that the defendant was a relative to the other party.”

What is the penalty for committing incest with a child?

In most states, incest is considered a class three felony. Depending on the circumstances and the specific laws in the jurisdiction, if a person is convicted of committing incest on a child, the sentence could be up to 20 years in prison or a fine of up to $25,000. For more information on states laws and penalties for incest, you can ask a Family Lawyer on JustAnswer to assist you with your questions.

In Florida, what is the statute of limitations to get divorced if someone is married to a relative?

In the state of Florida, there is no statute of limitations on getting a divorce based on incest. You may also be able to apply for an annulment and have the marriage voided. Also, Florida has no statute limitations on marriage annulment. Normally, a marriage can be annulled on grounds of fraud, incest, lack of capacity, bigamy, impotence and illegality of the marriage.

What is the California law on incestuous marriages?

California family code 2200 on marriage of incest states: “Marriage between parents and children, ancestors and descendants, and between sisters and brothers, half related or full blood, aunts and nephews, uncles and nieces, are considered incest, they are not allowed from the beginning whether it is legitimate or illegitimate.” However, under that section, it appears legal for cousins to be married. In some states, it is considered illegal for first cousins to marry, but in all states, it’s legal for second cousins to marry and such marriages generally are not considered incestuous.

How do incest laws vary from state to state?

In all states, incest charges can be pressed if sexual relations are with someone that is blood-related, such as mother, father, son, daughter, aunt, uncle, niece, nephew, and some states, it includes first cousins. Many states also recognize sexual relationships with non-blood relatives, including step-parents, step-siblings and in-laws also as being incest. These differences in law from state to state can make it difficult to understand the exact legal standing in your jurisdiction. If you need clarifications about issues related to incest laws in your state or jurisdiction, you could ask a Family Lawyer on JustAnswer.

Is it legal for a parent to donate sperm to their child so they could be a surrogate mother?

In the state penal code for California, this may not qualify as incest. However, biologically and for medical reasons, donating sperm to a child may not be recommended. Inbreeding increases the chance of having phenotypical expression of recessive genes. Phenotypical expression of recessive genes is a severe genetic disorder where the child does not get at least one gene from each parent. This may result in birth defects and deformities and there may be no way to predict whether the baby would be born with birth defects or not. 

Incest is seen as a serious offense with both legal and moral considerations. What is considered incest in one state may not qualify as incest in another. If you are not sure of the law in your jurisdiction, you can get fast, affordable answers when you ask a Family Lawyer on JustAnswer.

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