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Incest
New York State does not tolerate incest at any level, but they have specific sections of the penal code that outlaw incestuous relations. Further, New York State defines incestuous relationships as one between persons whom they know to be related to each other either through marriage or blood, as an ancestor, descendant, brother or sister either by full blood or half blood, are an 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 by the court. If you have been charged with incest in any degree, call now for a free consultation with one of our experienced New York criminal attorneys.
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. This degree is a class E felony and can result in up to four years in prison. This offense becomes a class D felony, meaning up to seven years, 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.
The 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 level of this offense is a class B felony, meaning substantial time could be ordered to be served by the court. To reiterate, relatives that are included under the law are anyone who the defendant knows to be a descendent, ancestor, aunt, uncle, niece or nephew or brother or sister either by blood or by marriage. This broadens the definition of relatives from the immediate family of grandparents, parents and siblings to include those who may have non-traditional families and therefore have step-relatives or half-siblings.
It is important to know that while the higher two degrees of this offense deal with non-consensual sexual acts with relatives, the lowest degree of this offense can be charged when there is a consensual relationship between two people who are related in one of the ways mentioned above. Even though both parties may agree to the relationship, they may still be charged criminally for the relationship. However, the law also states that the person committing the acts is doing so while knowing that the other person is a relative. Those who were unaware of their status as relatives prior to or while in the relationship may have more eligible defenses.
If you have been charged with incest in any degree, call now to speak with one of our experienced New York criminal attorneys to see what options you have in facing these charges. You don’t have to go to court alone, you can go with an attorney by your side who will fight for your best interests.
Facing Incest or Sex Crime Allegations?
Incest charges and related sex crime investigations in New York and New Jersey carry serious legal and personal consequences. Early legal guidance can make a critical difference.
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Frequently Asked Questions About Incest Charges in New York and New Jersey
What is incest under New York law?
Incest is a felony in New York involving sexual conduct between close family members when the person knows the familial relationship exists.
Under New York Penal Law, incest can involve parents and children, siblings, and certain extended family relationships. It is prosecuted as a serious sex crime.
➡️ Learn more on our New York Sex Crimes Defense page.
Is incest illegal in New York even if it is consensual?
Yes. Consent does not automatically make incest legal in New York.
Even consensual conduct between adults may still result in felony charges if the familial relationship falls within the statute.
What penalties can incest charges carry in New York?
Incest is a felony offense in New York and may result in:
– Jail or prison time
– Probation
– A permanent criminal record
– Possible registration on the sex offender registry
Penalties increase if other alleged sexual offenses are involved.
➡️ Learn more about how sex crimes are prosecuted and defended on our Criminal Defense Practice Areas page.
Is incest a crime in New Jersey?
New Jersey law differs significantly from New York.
New Jersey has historically lacked a stand-alone incest statute for consensual adult conduct. However, incest-related conduct is frequently prosecuted under other serious sex offense laws.
How are incest-related cases charged in New Jersey?
In New Jersey, prosecutors commonly charge offenses like:
– Sexual assault
– Aggravated sexual assault
– Endangering the welfare of a child
These charges can carry substantial prison exposure even without a specific “incest” label.
➡️ Get more information on defending similar offenses on our New Jersey Sex Crimes Defense page.
Does age matter in incest cases in NY or NJ?
Yes. Age is one of the most critical factors.
Cases involving minors are treated far more aggressively in both states and often result in enhanced charges and severe consequences.
Can someone be falsely accused of incest?
Yes. Incest allegations can arise from:
– Family disputes
– Divorce or child custody battles
– Estranged family relationships
False or exaggerated accusations are unfortunately not uncommon.
Are there defenses to incest charges?
Possible defenses may include:
– Lack of knowledge of the familial relationship
– No criminal sexual conduct occurred
– Unreliable or insufficient evidence
– Constitutional violations during the investigation
Defenses differ by jurisdiction — which is why it’s crucial to speak with an attorney experienced in both New York and New Jersey criminal defense.
Will an incest conviction require sex offender registration?
Possibly. Many sex crime convictions — including related felony offenses — can trigger mandatory sex offender registry requirements.
What should I do if I am being investigated or charged?
Do not speak with law enforcement or investigators without an attorney. Even informal statements can be used against you later.
Early legal intervention can sometimes prevent charges from being filed or limit their severity.
Talk With an Experienced Sex Crimes Defense Lawyer
Sex crimes and incest-related allegations are among the most serious criminal matters a person can face — in both New York and New Jersey. The legal consequences can impact your freedom, reputation, and future.
At Tilem & Associates, PC, we provide discreet, strategic, and aggressive defense for clients facing sex crime charges in multiple jurisdictions.
👉 Contact Tilem & Associates, PC for a confidential consultation
The sooner you speak with an attorney, the more robust your defense options can be.
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