Incest Laws By State

Across the nation, various laws govern different states — and the legality of incest is no exception. Incest is universally deemed a taboo due to cultural, moral, and biological reasons. However, the legal status of incestuous relationships varies from state to state across the U.S., with each jurisdiction defining it differently and prescribing distinct penalties. In the vast majority of states, any form of incest is categorically illegal, however, a handful surprisingly defy this norm.

• The overwhelming majority of the states opine that incest is illegal. In these states, laws typically prohibit intimate relations between parents and children, siblings, and grandchildren and grandparents.
• A striking deviation to the widely accepted illegality of incest can be seen in New Jersey and Rhode Island. In New Jersey, there is no criminal prosecution for incestuous relationships where both individuals are aged 18 and above. Similarly, Rhode Island also allows incestuous relationships provided the participants are aged 16 or above. Yet, both states prohibit the legal union (marriage) between such relationships.
• The punitive measures vary significantly across states. For instance, Delaware designates the lowest maximum sentence for an incest conviction, warranting only a year of imprisonment. In stark contrast, states such as Idaho, Kentucky, Montana, and Nevada stipulate the harshest penalties, with convictions potentially resulting in a life sentence.