Incest is marriage or sexual relations between close relatives. The criminal offense of incest may also be known as prohibited sexual conduct. Laws vary from state to state, but incest laws generally prohibit marriage or sexual relations between (1) a person’s ancestor or descendant by blood or adoption; (2) a person’s current or former stepchild or stepparent; (3) a person’s parent’s brother or sister of the whole or half blood; (4) a person’s brother or sister of the whole or half blood or by adoption; (5) the children of a person’s brother or sister of the whole or half blood, or by adoption; or (6) the son or daughter of a person’s aunt or uncle of the whole or half blood or by adoption.

Lack of consent to sexual relations between such relatives is not an element of the crime, and persons may be guilty of the crime even if both parties consented.

Laws regarding incest or prohibited sexual contact vary from state to state and are generally located in a state’s statutes—often in the penal or criminal code. The crime is a felony offense in many states, with potential punishment of significant jail or prison time.

In Alabama, incest is defined as marriage or sexual intercourse between persons who are related by blood or adoption within the degrees wherein marriage is legally prohibited. Specifically, Alabama law (Section 13A-13-3 of the Alabama Code) prohibits sexual intercourse or sodomy between an ancestor and a descendant, between a brother and a sister, whether by whole or half-blood, between an uncle and a niece or an aunt and a nephew, or between first cousins. Incest is considered a Class C felony in Alabama, and those convicted can face a range of penalties including imprisonment. Consent is not a defense to a charge of incest, meaning that the crime can be charged even if both parties consent to the relationship.