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 Tennessee, incest is defined as sexual intercourse between relatives who are not legally permitted to marry. The law specifically prohibits sexual relations between ancestors and descendants, including biological and adoptive parents and children, siblings of the whole or half blood, including those by adoption, and between uncles, aunts, nieces, and nephews. The statute also extends to stepfamily members where marriage is prohibited. In Tennessee, incest is considered a Class C felony, which can result in significant penalties, including imprisonment. Consent is not a defense to a charge of incest in Tennessee, meaning that the crime can be prosecuted even if both parties consented to the sexual relationship. The relevant laws can be found in the Tennessee Code, particularly within the criminal or penal code sections.