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Legal Statutes: Pennsylvania

UPDATED May 25, 2017

Pennsylvania Statutes

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Subchapter A. Definition of Offenses Generally

back to top4302. Incest

(a) General rule.--Except as provided under subsection (b), a person is guilty of incest, a felony of the second degree, if that person 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.

(b) Incest of a minor.--A person is guilty of incest of a minor, a felony of the second degree, if that person knowingly marries, cohabits with or has sexual intercourse with a complainant who is 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 and:

(1) is under the age of 13 years; or

(2) is 13 to 18 years of age and the person is four or more years older than the complainant.

(c) Relationships.--The relationships referred to in this section include blood relationships without regard to legitimacy, and relationship of parent and child by adoption.

1972, Dec. 6, P.L. 1482, No. 334, § 1, effective June 6, 1973. Amended 1989, Nov. 17, P.L. 592, No. 64, § 5, effective in 60 days; 1995, March 31, P.L. 985, No. 10 (Spec. Sess. No. 1), § 11, effective in 60 days; 2011, Dec. 20, P.L. 446, No. 111, § 1, effective in 60 days [Feb. 21, 2012].