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 North Dakota, incest is defined as marriage or sexual relations between close relatives and is considered a criminal offense. Under North Dakota Century Code 12.1-20-11, individuals are prohibited from engaging in sexual acts with ancestors or descendants, including those by adoption, siblings of the whole or half blood, including those by adoption, and with nieces, nephews, aunts, or uncles of the whole or half blood, including those by adoption. Consent is not a defense to the charge of incest in North Dakota, meaning that the crime can be prosecuted even if both parties consented to the sexual relationship. Incest is classified as a felony in North Dakota, and those convicted may face severe penalties, including imprisonment.