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 Maryland, incest is defined as sexual intercourse between persons who are related within degrees wherein marriage is prohibited by law. Specifically, Maryland law prohibits marriage or sexual relations between parent and child, stepparent and stepchild, grandparent and grandchild, siblings (whole or half-blood), and between uncle/aunt and niece/nephew. This prohibition extends to both blood relations and those relations established through adoption. Incest is considered a felony in Maryland, and those found guilty can face severe penalties, including imprisonment. Consent is not a defense to a charge of incest, meaning that the crime can be prosecuted even if both parties consented to the sexual relationship. The relevant statutes can be found in the Maryland criminal law code, which outlines the specifics of the offense and the associated penalties.