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 Rhode Island, incest is defined as sexual intercourse between relatives who are not legally permitted to marry. Specifically, Rhode Island General Laws § 15-1-2 prohibits marriage between parents and children, siblings, uncles and nieces, aunts and nephews, and first cousins. Additionally, under § 11-10-1 of the Rhode Island General Laws, engaging in sexual relations with a person known to be within these degrees of consanguinity is considered a criminal offense. The law does not require a lack of consent to be present for the act to be considered incestuous; the act itself is criminal regardless of consent. Incest is classified as a felony in Rhode Island, and those convicted may face penalties that include imprisonment, fines, or both. It is important for individuals in Rhode Island to be aware of these regulations to avoid legal repercussions related to prohibited sexual conduct.