Incest Laws By State 2022 - World Population Review

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Our Methodology View all articles Law > Crime/Safety > Incest Laws by State 2026 Crime Laws by State Incest Laws by State 2026 HI AK WA MT ND MN WI MI NY VT NH ME RI MA CT NJ DE OH IL IN MD PA WV VA SC GA TN KY MO CO NV OR ID IA NE SD WY NC FL AL MS CA UT AZ NM OK LA TX KS AR DC

Legality of Incest

Illegal No criminal prosecution for 16+ No criminal prosecution for 18+ Legal StatusPenalties & SentencesAdditional Details

State	Legality of Incest↓
	New Jersey	No criminal prosecution for 18+
	Rhode Island	No criminal prosecution for 16+
	Alabama	Illegal
	Alaska	Illegal
	Arizona	Illegal
	Arkansas	Illegal
	California	Illegal
	Colorado	Illegal
	Connecticut	Illegal
	Delaware	Illegal
	District of Columbia	Illegal
	Florida	Illegal
	Georgia	Illegal
	Hawaii	Illegal
	Idaho	Illegal
	Illinois	Illegal
	Indiana	Illegal
	Iowa	Illegal
	Kansas	Illegal
	Kentucky	Illegal
	Louisiana	Illegal
	Maine	Illegal
	Maryland	Illegal
	Massachusetts	Illegal
	Michigan	Illegal
	Minnesota	Illegal
	Mississippi	Illegal
	Missouri	Illegal
	Montana	Illegal
	Nebraska	Illegal
	Nevada	Illegal
	New Hampshire	Illegal
	New Mexico	Illegal
	New York	Illegal
	North Carolina	Illegal
	North Dakota	Illegal
	Ohio	Illegal
	Oklahoma	Illegal
	Oregon	Illegal
	Pennsylvania	Illegal
	South Carolina	Illegal
	South Dakota	Illegal
	Tennessee	Illegal
	Texas	Illegal
	Utah	Illegal
	Vermont	Illegal
	Virginia	Illegal
	Washington	Illegal
	West Virginia	Illegal
	Wisconsin	Illegal
	Wyoming	Illegal

States for which no minimum sentence is displayed establish the penalties as “Up to” the maximum sentence duration. For example, California’s full sentencing rule is “up to 3 years”.
States whose maximum sentence is a life sentence have been given the placeholder amount “999” in the Maximum Sentence column.

Incest is defined as a sexual relationship between two closely related family members. The relationship between the two people is so close that they are unable to legally get married. In the United States, incest laws prohibited intimate relationships between children and parents, siblings, or grandchildren and grandparents. Almost all states criminalize incest between adults. Some states also prohibit intimate relations between aunts, uncles, nieces, nephews, and cousins. Additionally, state laws vary regarding half- and step-relatives and adopted relatives. States also have minimum age laws for marriage to help prevent child marriage, which could help prevent incestuous relationships.

In the majority of states in the United States, incest is illegal. The punishments associated with engaging in an incestuous relationship vary by state. In many cases, incest is not revealed to outside parties, so the parties involved are not prosecuted. Except for those states mentioned below in this article, incest is illegal in all states.

In the states of New Jersey and Rhode Island, incest between adults is legal. However, neither state permits marriage. In New Jersey, each person involved in the relationship must be at least 18 years old. In Rhode Island, the age of consent is 16 years old.

Delaware has the lowest maximum sentence for being convicted of incest, one year. The majority of states have maximum sentences of five to fifteen years. The harshest sentences are in Idaho, Kentucky, Montana, and Nevada. In these states, a person faces a maximum sentence of life in prison.