76-7-102. Incest -- Definitions -- Penalty.
(1) As used in this section: "Provider" means a person who provides or makes available his seminal fluid or her human egg. "Related person" means a person related to the provider or actor as an ancestor, descendant, brother, sister, uncle, aunt, nephew, niece, or first cousin, and includes: blood relationships of the whole or half blood, regardless of whether the relationship is legally recognized; the relationship of parent and child by adoption; and the relationship of stepparent and stepchild while the marriage creating the relationship of a stepparent and stepchild exists.
(2) An actor is guilty of incest when, under circumstances not amounting to rape, rape of a child, or aggravated sexual assault, the actor knowingly and intentionally: engages in conduct under Subsection,,, or; or (2)(b)(i) (ii) (iii) (iv) provides a human egg or seminal fluid under Subsection. (2)(b)(v) Conduct referred to under Subsectionis: (2)(a) sexual intercourse between the actor and a person the actor knows has kinship to the actor as a related person; the insertion or placement of the provider's seminal fluid into the vagina, cervix, or uterus of a related person by means other than sexual intercourse; providing or making available his seminal fluid for the purpose of insertion or placement of the fluid into the vagina, cervix, or uterus of a related person by means other than sexual intercourse; a woman 18 years of age or older who: knowingly allows the insertion of the seminal fluid of a provider into her vagina, cervix, or uterus by means other than sexual intercourse; and knows that the seminal fluid is that of a person with whom she has kinship as a related person; or providing the actor's sperm or human egg that is used to conduct in vitro fertilization, or any other means of fertilization, with the human egg or sperm of a person who is a related person. This Subsectiondoes not prohibit providing a fertilized human egg if the provider of the fertilizing sperm is not a related person regarding the person providing the egg. (2)
(3) Incest is a third degree felony.
(4) A provider under this section is not a donor under Section. 81-5-702