Any persons, eighteen years of age or older, who knowingly engage in a mutually consensual act of sexual penetration with each other: (1) Who are not legally married; and (2) Who are within degrees of consanguinity within which marriages are, by the laws of this state, declared void pursuant to § 25-1-6 ; are guilty of incest. Incest is a Class 5 felony. Source: SL 2005, ch 120 , § 20.