Model Sexual Assault Code

Incest

Element

An offense is committed by:

  1. intentionally, knowingly, or recklessly engaging in sexual penetration or sexual contact with a person who is related by consanguinity in the 3rd degree, including biological parents, grandparents, siblings, half siblings, aunts, uncles, nephews, and nieces; or 
  2. intentionally, knowingly, or recklessly engaging in sexual penetration or sexual contact with nonbiological relatives, including step-relatives through marriage, adoptive relatives, and foster relatives.

Grading

An offense committed under this section is a _ degree felony.