Incest is marriage or sexual relations between close relatives. The criminal offense of incest may also be known as prohibited sexual conduct. Laws vary from state to state, but incest laws generally prohibit marriage or sexual relations between (1) a person’s ancestor or descendant by blood or adoption; (2) a person’s current or former stepchild or stepparent; (3) a person’s parent’s brother or sister of the whole or half blood; (4) a person’s brother or sister of the whole or half blood or by adoption; (5) the children of a person’s brother or sister of the whole or half blood, or by adoption; or (6) the son or daughter of a person’s aunt or uncle of the whole or half blood or by adoption.

Lack of consent to sexual relations between such relatives is not an element of the crime, and persons may be guilty of the crime even if both parties consented.

Laws regarding incest or prohibited sexual contact vary from state to state and are generally located in a state’s statutes—often in the penal or criminal code. The crime is a felony offense in many states, with potential punishment of significant jail or prison time.

In Arkansas, incest is defined as sexual relations or marriage between close relatives and is considered a criminal offense. Under Arkansas law, specifically Arkansas Code Annotated § 5-26-202, incest is prohibited between individuals who are related to each other within degrees wherein marriage is prohibited by law. This includes ancestors and descendants, full and half-blood siblings, uncles and aunts with their nieces and nephews, and between certain in-laws. Consent is not a defense to a charge of incest, meaning that the crime can be charged even if both parties consented to the sexual relationship. Incest is classified as a Class C felony in Arkansas, which can result in a range of penalties including imprisonment, fines, or both. The severity of the punishment reflects the state's interest in preventing sexual relations between close relatives due to the potential for genetic disorders in offspring and the disruption of family relationships.