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 Delaware, incest is defined as sexual relations between close relatives and is considered a criminal offense. Under Delaware law, specifically Title 11, Section 766 of the Delaware Code, incest is prohibited between ancestors and descendants, whether by blood or adoption, which includes parents and children, grandparents and grandchildren. It also applies to siblings of the whole or half blood, as well as between uncles or aunts and their nieces or nephews. The law does not require a lack of consent to establish the offense; incest can be charged even if both parties consent to the sexual relationship. Incest is classified as a felony in Delaware, and those convicted may face severe penalties, including imprisonment.