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-   -   What is the legal definition of incest? (https://www.askmehelpdesk.com/showthread.php?t=225918)

  • Jun 11, 2008, 08:27 PM
    Mindy Sue
    What is the legal definition of incest?
    Is it against the law for a 31 yr old half-brother to have sexual relations with his 19 yr old half-sister and conceive a child together?
  • Jun 11, 2008, 08:59 PM
    bushg
    They share a parent so I don't see why not. I bet if you call a local lawyer they could tell you.
  • Jun 11, 2008, 09:28 PM
    George_1950
    Welcome to AMHD. My hunch: illegal. What state?
  • Jun 12, 2008, 09:23 AM
    twinkiedooter
    Even if it is illegal, the baby will be here soon regardless.
  • Jun 12, 2008, 10:58 AM
    JudyKayTee
    I believe legal incest is sexual activity between family members who are legally and customarily forbidden to marry, including BLOOD RELATIVES such as STEP-SIBLINGS. In some States (and I would have to look them up) NON BLOOD RELATIVES who have grown up in the same household and who have engaged in sexual relations are considered to have committed incest. This would include step-brothers and step-sisters who are NOT related by blood.

    Intercourse is incest; the child is the result so, no, the birth of the child is NOT a crime.
  • Jun 12, 2008, 12:52 PM
    froggy7
    And, of course, I have to wonder if this is the sort of crime that gets punished much. The girl is 19, so technically she is able to choose who she has sex with. On the other hand, the guy is much older, so it could be seen as undue influence and not a free choice on her part. But if, say she was 25 and he was 26 when this all started, would the state get involved in prosecuting it?
  • Jun 12, 2008, 01:47 PM
    JudyKayTee
    Quote:

    Originally Posted by froggy7
    And, of course, I have to wonder if this is the sort of crime that gets punished much. The girl is 19, so technically she is able to choose who she has sex with. On the other hand, the guy is much older, so it could be seen as undue influence and not a free choice on her part. But if, say she was 25 and he was 26 when this all started, would the state get involved in prosecuting it?


    Probably depends on which State and who complains - there was a great deal of press concerning the same situation some years back and the couple (they were married) moved to another State to avoid prosecution.
  • Jun 12, 2008, 02:16 PM
    Fr_Chuck
    In the US there is no national law, each state has their own rules as to what it consists of and what punishments are done.

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