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 Kentucky, incest is defined as sexual intercourse between close relatives, and it is considered a criminal offense under Kentucky law. Specifically, Kentucky law prohibits sexual relations or marriage between a person and their ancestor or descendant by blood or adoption, a stepchild or stepparent, an uncle, aunt, niece, or nephew, or a brother or sister of the whole or half blood or by adoption. The crime of incest in Kentucky does not require a lack of consent as an element, meaning that the offense can be committed even if both parties consent to the sexual relationship. Incest is classified as a felony in Kentucky, and those convicted can face severe penalties, including imprisonment. The relevant statutes can be found in the Kentucky Revised Statutes (KRS), particularly within the penal code, which outlines the definitions and punishments for various criminal offenses, including incest.