A person commits the offense of incest when he or she engages in sexual intercourse with a family member or a relative. A family member or a relative is usually defined as any ancestor or descendant by blood or adoption, any stepchild or stepparent while the marriage that created the step relationship exists, any parent’s brother or sister by whole or half blood, any brother or sister of whole or half blood or by adoption, or the children of any brother or sister of whole or half blood or by adoption. The person must know that the other person is a relative. However, the relative does not need to be legitimate.

Sexual intercourse for the purpose of the offense of incest means the penetration of the female sex organ by the male sex organ or any contact between the genitals, mouth, or anus of another person with the intent to arouse or to gratify sexual desire.

The main inquiry in a prosecution for the offense of incest is the relationship between the parties who have engaged in the sexual conduct. Lack of consent is not an element of the offense. If the other person consented to the act, the other person may be an accomplice unless the other person’s consent was obtained through force, threats, fraud, or undue influence. Although the prior sexual conduct of the other person is not relevant to the offense, prior incestuous acts of the other person may be admissible in a court of law.

An act of sexual intercourse with a family member or a relative may also be prosecuted as a rape or as sexual abuse. However, the elements for rape and sexual abuse are different from the elements for incest because rape and sexual abuse do not focus on the family relationship.

The offense of incest is normally punished as a felony. The punishment for the offense may be a more serious felony if the offense was committed during a ritual or a ceremony against a child who was below a certain age.

Copyright 2012 LexisNexis, a division of Reed Elsevier Inc.