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 Georgia, incest is defined as sexual intercourse or sodomy between persons who are related to each other within the degrees wherein marriage is prohibited by law. This includes ancestors and descendants, such as parents and children or grandparents and grandchildren; siblings of the whole blood or of the half blood; and uncles, aunts, nieces, and nephews. This law is outlined in the Official Code of Georgia Annotated (O.C.G.A.) § 16-6-22. Incest is considered a felony in Georgia, and those convicted may face a prison sentence ranging from 10 to 30 years. It is important to note that consent is not a defense for incest in Georgia, meaning that the crime can be charged and prosecuted even if both parties consented to the sexual relationship.