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 Michigan, incest is legally defined as sexual relations or marriage between individuals who are closely related by blood or affinity in specific degrees. Under Michigan law, it is a felony to engage in sexual penetration with a person who is related to the individual as a parent, sibling, child, grandchild, or a first cousin. This prohibition extends to both whole and half-blood relations, as well as those related by adoption. The law does not require a lack of consent to establish the offense of incest; the crime can be charged even if both parties consented to the sexual relationship. Conviction of incest in Michigan can result in severe penalties, including imprisonment. The specific statutes governing incest in Michigan can be found in the state's penal code, and anyone facing such charges or seeking further information should consult with an attorney for legal advice tailored to their situation.