Under New York Law, you cannot marry your relative. You also cannot engage in a sexual relationship with someone you know you are related to.You may be subjecting yourself to criminal charges for engaging in a sexual relationship with someone you know to be your ancestor, descendant, sibling, aunt, uncle, niece or nephew either by blood of marriage. You can be prosecuted under the criminal statutes involving incest.
What is Incest in New York?
New York State criminal statutes define incestuous relationships as one between persons whom they know to be related to each other either through marriage or blood (full blood or half blood), as an:
- Ancestor,
- Descendant,
- Brother or sister,
- Aunt,
- Uncle,
- Niece or nephew. This offense begins as a class E felony, meaning that you could be spending some time behind bars if convicted
Is Incest a Crime?
New York law defines incest as a person who has sexual intercourse or deviate sexual intercourse with a person they know to be an ancestor, descendant, uncle, aunt, brother, or sister.
These relationships include whole or half-blood relationships without regard to:
- Legitimacy
- Relationship of parent and child by adoption
- Relationship of stepparent and stepchild
- Relationship of step-grandparent and step-grandchild
New York Incest Charges Explained
There are three different degrees of incest charges under New York Law:
- New York Incest in the First Degree,
- New York Incest in the Second Degree, AND
- New York Incest in the Third Degree
The difference in these charges is explained below.
New York Incest in the Third Degree
New York Incest in the Third Degree is codified in New York Penal Law § 255.25. Under this statute, a person is guilty of Incest in the Third Degree when s/he:
- Marries OR
- Engages in sexual intercourse, oral sexual conduct or anal sexual conduct with a person whom he or she knows to be related to him or her, whether through marriage or not, as an ancestor, descendant, brother or sister of either the whole or the half blood, uncle, aunt, nephew or niece.
The lowest degree of this offense is charged when a person has married or has engaged in sexual conduct, either oral, anal or sexual with someone who is a relative. The law specifically states that the relative can be either by blood or by marriage, such that step-relatives are included in the overall list of family members.
Penalties and Sentencing for New York Incest in the Third Degree
This degree is a class E felony and can result in up to four years in prison.
New York Incest in the Second Degree
New York Incest in the Second Degree is codified in New York Penal Law § 255.26. Under this statute, a person is guilty of Incest in the Second Degree when s/he
- Commits the crime of Rape in the Second Degree, in violation of New York Penal Law Section 130.30, or Criminal Sexual Act in the Second Degree, as defined in New York Penal Law Section 130.45,
- Against a person whom he or she knows to be related to him or her, whether through marriage or not,
- As an ancestor, descendant, brother or sister of either the whole or the half blood, uncle, aunt, nephew or niece.
Penalties and Sentencing for New York Incest in the Second Degree
This offense becomes a Class D felony, if a person commits Rape in the Second Degree or a Criminal Sexual Act in the Second Degree to a person who is related to them. This charge is punishable by up to 7 years in prison.
New York Incest in the First Degree
The most serious of New York Incest charges is New York Incest in the First Degree. This highest degree of this offense is charged when a person has committed rape in the first degree or criminal sexual act in the first degree and the victim is a relative.
This charge is codified in New York Penal Law § 255.27. Under this statute, a person is guilty of Incest in the First Degree when, s/he
1. Commits the crime of Rape in the First Degree, or Criminal Sexual Act in the First Degree,
2. Against a person whom he or she knows to be related to him or her,
3. Whether through marriage or not, as an ancestor, descendant, brother or sister of either the whole or half blood, uncle, aunt, nephew or niece.
Penalties and Sentencing for New York Incest in the First Degree
New York Incest in the First degree is a Class B felony. As such, this charge can be punishable by up to 25 years in jail. With that being said, usually when the a person is charged with New York Incest in the First Degree, there are other related charges onto docket. The plea that the prosecutor would offer would mostly be to one of the related charges on the docket i.e. Rape in the First Degree or Criminal Sexual Act in the First Degree in order to obtain Sex Offender Registration as part of the conviction.
What To Do If You Are Charged with Incest?
If you are charged with an incest offense, do not discuss what happened with the police or assert your innocence. Simply provide your name and photo ID when requested and politely request an attorney. You should not talk to the police or the prosecutor without an attorney by your side.
What Can an Attorney Do?
Your attorney will interview you to assess what potential defenses you have. Your attorney will also review the evidence against you and provide an evaluation of your case including its strengths and weaknesses. Your attorney will investigate your case and may enlist the help of a private investigator to defer defenses. It is important to have open conversations with your attorney about your case as they need to know as much as possible to defend you.
Contact Top Rated Criminal Defense Attorneys
If you or your loved one are under investigation or have been arrested for incest whether for marrying your relative or for engaging in a sexual relationship, you need experienced counsel by your side to navigate through the criminal case. Contact us today to schedule your free consultation.