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 Virginia, incest is defined as marriage or sexual intercourse between persons who are closely related. Specifically, under Virginia law, it is illegal for a person to engage in sexual intercourse with a parent, grandparent, sibling, child, or grandchild, regardless of whether these individuals are related by blood, half-blood, adoption, or step-relations. This prohibition also extends to aunts, uncles, nieces, and nephews. The law is codified in the Virginia Code, Section 18.2-366, and it classifies incest as a Class 5 felony. Conviction of this felony can result in a term of imprisonment and, in some cases, a fine. Importantly, the consent of both parties to the sexual act is not a defense to a charge of incest in Virginia, meaning that the crime can be prosecuted even if the sexual relations were consensual.