Incest Laws by State in United States

In the United States, incest laws vary by state, with most states having strict prohibitions against incestuous relationships. However, some states have exceptions based on age or relationship type. Below, we provide an overview of the legal status of incest across various states.

Which states have the strictest incest laws?

In the majority of states across the U.S., incest is strictly illegal. These states include:

Illegal in all cases: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming.

Which states have exceptions for certain age groups or relationships?

Some states provide exceptions for incest laws, especially when the individuals involved are above a certain age:

Exceptions for age: In New Jersey, there is no criminal prosecution for consensual incest between adults aged 18 or older. In Rhode Island, no criminal prosecution occurs for incestuous relationships involving individuals aged 16 or older.

Why do incest laws vary across the United States?

The variation in incest laws reflects differences in state laws, cultural norms, and historical attitudes toward family relationships. In most cases, incest is illegal due to concerns about potential harm, such as genetic defects in offspring and the preservation of familial boundaries. Exceptions exist in a few states, reflecting their approach to personal freedoms or different interpretations of the law regarding age and consent.