1. Sexual relations between family members or close relatives, including children related by adoption. • Incest was not a crime under English common law but was punished as an ecclesiastical offense. Modern statutes make it a felony.
“Although incest under both English and American law is a distinct crime, its commission may involve any of eight different offenses: illegal 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)…. The choice of crime charged is generally one of prosecutorial discretion. Unless one of the participants is a minor and the other an adult, both parties may be prosecuted for incest.” Lois G. Forer, “Incest,” in 3 Encyclopedia of Crime and Justice 880, 880 (Sanford H. Kadish ed., 1983).
2. Intermarriage between persons related in any degree of consanguinity or affinity within which marriage is prohibited — for example, through the uncle–niece or aunt–nephew relationship. [Cases: Incest 1–8.
5. C.J.S. Incest §§ 2–7.] — incestuous, adj.
