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 Louisiana (LA), incest is defined as marriage or sexual relations between certain close relatives. According to Louisiana law, specifically under the Louisiana Revised Statutes Title 14:78, incest is a crime that involves engaging in sexual intercourse with an ascendant, descendant, brother or sister, uncle or aunt, nephew or niece, whether by blood or adoption. The law does not require a lack of consent to be present for the act to be considered a crime; incest is illegal regardless of whether both parties consent to the sexual relationship. Incest is considered a felony in Louisiana, and those convicted can face severe penalties, including imprisonment. The specific prohibitions and penalties are detailed in the state's penal code, and anyone facing such charges or seeking more detailed information should consult with an attorney who is knowledgeable in Louisiana's criminal law.