Incest: Defined & Punished

A person is guilty of incest, a misdemeanor, if he knowingly marries or cohabits or has sexual intercourse with an ancestor or descendant, a brother or sister of the whole or half blood or an uncle, aunt, nephew or niece of the whole blood. Cohabit means to live together under the representation or appearance of being married. The relationships referred to herein include blood relationships without regard to legitimacy, and relationship of parent and child by adoption. SOURCE: G.P.C. § 285; Civil Code § 59; *M.P.C. § 230.2. COMMENT: Again, § 31.15 continues the substance of Penal Code § 235. In addition, § 31.15 clarifies two (2) issues not covered by prior law, namely legitimacy is irrelevant where the concern is with the bloodline, and adoptive relationships are included as equivalent of natural parents to their children and vice versa. The staff of the Law Revision Commission suggested that it would be appropriate to classify the crime of incest as a misdemeanor and the Commission concurred.