Difference between revisions of "Incest"
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| + | ==Background== | ||
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| + | Incest is the offense of having sexual relationships between family members or close relatives, including children related by adoption.<ref>Black's Law Dictionary, 9th Edition (2009)</ref> The crime of incest may involve any one of the following offenses: marriage, consensual cohabitation by unmarried persons, fornication (consensual intercourse), forcible rape, statutory rape, child abuse, and juvenile delinquency (sexual relations between minor siblings or cousins).<ref>Black's Law Dictionary, 9th Edition (2009)</ref> Generally, both parties to the activity in question may be charged with incest.<ref>Black's Law Dictionary, 9th Edition (2009)</ref> | ||
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| + | ==Model Penal Code== | ||
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| + | The Model Penal Code article 230.2 addresses the crime of incest. Under this section, a person is guilty of incest "if he knowingly marries or cohabits or has sexual intercourse with an ancestor or descendant, a brother or sister of the whole or half blood [or an uncle, aunt, nephew or niece of the whole blood]."<ref>Model Penal Code, Article 230.2 (2001)</ref> "Cohabit" means living together under the appearance of being married. Moreover, this provision applies to adoptive, as well as blood relationships.<ref>Model Penal Code, Article 230.2 (2001)</ref> Incest is a felony in the third degree.<ref>Model Penal Code, Article 230.2 (2001)</ref> | ||
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==Variation by Jurisdiction== | ==Variation by Jurisdiction== | ||
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Under the Maryland Criminal Code section 3-323, a person may not knowingly engage in vaginal intercourse with anyone whom the person may not marry under the state's family law code (including grandparents, parents, offspring, siblings, or grandchildren).<ref>Maryland Criminal Code, § 3-323 (2002)</ref> A person who commits is guilty of a felony and on conviction is subject to imprisonment for not less than 1 year and not exceeding 10 years.<ref>Maryland Criminal Code, § 3-323 (2002)</ref> | Under the Maryland Criminal Code section 3-323, a person may not knowingly engage in vaginal intercourse with anyone whom the person may not marry under the state's family law code (including grandparents, parents, offspring, siblings, or grandchildren).<ref>Maryland Criminal Code, § 3-323 (2002)</ref> A person who commits is guilty of a felony and on conviction is subject to imprisonment for not less than 1 year and not exceeding 10 years.<ref>Maryland Criminal Code, § 3-323 (2002)</ref> | ||
| + | '''Arkansas''' | ||
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| + | In Arkansas, incest is a class C felony. Incest, under the Arkansas criminal code section 5-26-202, is when an individual, being older than 16 years old, purports to marry, has sexual intercourse with, or engages in deviate sexual activity with another person sixteen (16) years of age or older whom the actor knows to be (1) an ancestor or descendant, (2) a step or adopted child, (3) a sibling (half or whole blood), (4) an uncle, aunt, niece or nephew, or (5) a step or adopted grandchild.<ref>Arkansas Criminal Code, Title 5, Subtitle 3, § 5-26-202 (2003)</ref> | ||
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Revision as of 23:22, 13 February 2011
Background
Incest is the offense of having sexual relationships between family members or close relatives, including children related by adoption.[1] The crime of incest may involve any one of the following offenses: marriage, consensual cohabitation by unmarried persons, fornication (consensual intercourse), forcible rape, statutory rape, child abuse, and juvenile delinquency (sexual relations between minor siblings or cousins).[2] Generally, both parties to the activity in question may be charged with incest.[3]
Model Penal Code
The Model Penal Code article 230.2 addresses the crime of incest. Under this section, a person is guilty of incest "if he knowingly marries or cohabits or has sexual intercourse with an ancestor or descendant, a brother or sister of the whole or half blood [or an uncle, aunt, nephew or niece of the whole blood]."[4] "Cohabit" means living together under the appearance of being married. Moreover, this provision applies to adoptive, as well as blood relationships.[5] Incest is a felony in the third degree.[6]
Variation by Jurisdiction
Maryland
Under the Maryland Criminal Code section 3-323, a person may not knowingly engage in vaginal intercourse with anyone whom the person may not marry under the state's family law code (including grandparents, parents, offspring, siblings, or grandchildren).[7] A person who commits is guilty of a felony and on conviction is subject to imprisonment for not less than 1 year and not exceeding 10 years.[8]
Arkansas
In Arkansas, incest is a class C felony. Incest, under the Arkansas criminal code section 5-26-202, is when an individual, being older than 16 years old, purports to marry, has sexual intercourse with, or engages in deviate sexual activity with another person sixteen (16) years of age or older whom the actor knows to be (1) an ancestor or descendant, (2) a step or adopted child, (3) a sibling (half or whole blood), (4) an uncle, aunt, niece or nephew, or (5) a step or adopted grandchild.[9]
See Crimes
Notes
<references>
- ↑ Black's Law Dictionary, 9th Edition (2009)
- ↑ Black's Law Dictionary, 9th Edition (2009)
- ↑ Black's Law Dictionary, 9th Edition (2009)
- ↑ Model Penal Code, Article 230.2 (2001)
- ↑ Model Penal Code, Article 230.2 (2001)
- ↑ Model Penal Code, Article 230.2 (2001)
- ↑ Maryland Criminal Code, § 3-323 (2002)
- ↑ Maryland Criminal Code, § 3-323 (2002)
- ↑ Arkansas Criminal Code, Title 5, Subtitle 3, § 5-26-202 (2003)
