Full question:
I am unmarried and I have been living in California for the past 30 years. I had a sexual relationship with someone for three years who is closely related by blood. Later, I realized that such a relationship is incestuous. Is this a crime and will I be punished?
- Category: Marriage
- Date:
- State: California
Answer:
Incest, defined as a sexual relationship between closely related individuals, is a serious crime in California. It is prohibited primarily to prevent birth defects from inbreeding and to uphold family values. Consent from both parties does not serve as a defense, even if both are adults.
According to California Family Code § 2200, marriages and sexual relationships between parents and children, siblings, and other close relatives are considered incestuous and void from the start, regardless of the legitimacy of the relationship. California Penal Code § 285 also prohibits such relationships.
If convicted of incest, penalties may include a fine of up to ten thousand dollars ($10,000) or imprisonment for up to one year in county jail, or two to three years in state prison (Cal. Penal Code § 283).
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.