View source for Social:Laws regarding incest

'''Laws regarding incest''' (i.e. [[Philosophy:Human sexual activity|sexual activity]] between family members or close relatives) vary considerably between jurisdictions, and depend on the type of sexual activity and the nature of the family relationship of the parties involved, as well as the age and sex of the parties. Besides legal prohibitions, at least some forms of [[Social:Incest|incest]] are also socially taboo or frowned upon in most cultures around the world.

Incest laws may involve restrictions on [[Biology:Marriage|marriage]] rights, which also vary between jurisdictions. When incest involves an adult and a child, it is usually considered to be a form of [[Medicine:Child sexual abuse|child sexual abuse]].<ref name=Levesque>{{cite book|title=Sexual Abuse of Children: A Human Rights Perspective |last=Levesque |first=Roger J. R. |publisher=Indiana University Press |year=1999 |pages=1,5–6,176–180}}</ref><ref name=UNchildren>{{cite web|url=http://www2.ohchr.org/english/law/crc.htm |title=United Nations Convention on the Rights of the Child |publisher=Office of the United Nations High Commissioner for Human Rights |year=1989 |deadurl=yes |archiveurl=https://web.archive.org/web/20100611182141/http://www2.ohchr.org/english/law/crc.htm |archivedate=2010-06-11 |df= }}</ref>

==Degrees of relationship==
{{Main|Biology:Coefficient of relationship}}
Laws regarding incest are sometimes expressed in terms of degrees of relationship. The consanguinity (but not affinity) relationships may be summarized as follows:

{|class="wikitable"
!Degree of <br>relationship!!Relationship!!Coefficient of <br>relationship (r)

|-oii
| ||[[Biology:Inbred strain|Inbred strain]]|| 99%'
|-
|0||identical twins; clones|| 100%<ref>By replacement in the definition of the notion of "generation" by [[Biology:Meiosis|meiosis]]". Since identical twins are not separated by meiosis, there are no "generations" between them, hence ''n''=0 and ''r''=1. See [http://www.genetic-genealogy.co.uk/Toc115570135.html genetic-genealogy.co.uk].</ref>
|-
|1||parent-offspring<ref>{{cite web|url=http://taumoda.com/web/PD/library/kin.html|title=Kin Selection|publisher=Benjamin/Cummings|accessdate=2007-11-25}}</ref>  || 50% (2<sup>−1</sup>)
|-
|2||full siblings|| 50% (2<sup>−2</sup>+2<sup>−2</sup>)
|-
|2||3/4 siblings or sibling-cousins|| 37.5% (2<sup>−2</sup>+2⋅2<sup>−4</sup>)
|-
|2||grandparent-grandchild|| 25% (2<sup>−2</sup>)
|-
|2||half siblings|| 25% (2<sup>−2</sup>)
|-
|3||aunt/uncle-nephew/niece|| 25% (2⋅2<sup>−3</sup>)
|-
|4||double first cousins|| 25% (2<sup>−3</sup>+2<sup>−3</sup>)
|-
|3||great grandparent-great grandchild|| 12.5% (2<sup>−3</sup>)
|-
|4||first cousins|| 12.5% (2⋅2<sup>−4</sup>)
|-
|6||quadruple second cousins || 12.5% (8⋅2<sup>−6</sup>)
|-
|6||triple second cousins || 9.38% (6⋅2<sup>−6</sup>)
|-
|4||half-first cousins|| 6.25% (2<sup>−4</sup>)
|-
|5||first cousins once removed|| 6.25% (2⋅2<sup>−5</sup>)
|-
|6||double second cousins || 6.25% (4⋅2<sup>−6</sup>)
|-
|6||second cousins || 3.13% (2<sup>−6</sup>+2<sup>−6</sup>)
|-
|8||third cousins || 0.78% (2⋅2<sup>−8</sup>)
|-
|10||fourth cousins|| 0.20% (2⋅2<sup>−10</sup>)<ref>This degree of relationship is usually indistinguishable from the relationship to a random individual within the same population (tribe, country, ethnic group).</ref> 
|-
|}

The degree of relationships is calculated by counting the number of generations back to a common ancestor. Most laws regarding [[Social:Prohibited degree of kinship|prohibited degree of kinship]] concern relations of ''r'' = 25% or higher, while most permit unions of individuals with ''r'' = 12.5% or lower. In some US states, [[Social:Cousin marriage|cousin marriage]]s are prohibited. Also, most laws make no provision for the rare case of marriage between double first cousins. Incest laws may also include prohibitions of unions between biologically unrelated individuals if there is a close legal relationship, such as [[Social:Adoption|adoption]].

==Africa==

===Côte d'Ivoire (Ivory Coast)===
Consensual incest between adults is legal in Côte d'Ivoire (Ivory Coast).<ref name="MPICC">{{cite web |title=Limits on the Protection of Legal Interest in the Criminalization of Incest (page 29) |publisher=Max Planck Institute for Foreign and International Criminal Law |date=14 March 2008 |url=http://www.mpicc.de/shared/data/pdf/05-08-inzest_gutachten.pdf |accessdate=30 August 2012}}</ref>

===South Africa===
In {{wipe|South Africa}}, since 2007, incest is the sexual penetration between persons who are related as follows:
* lineally, that is, if one person is a direct descendant of the other.
* within the first degree of consanguinuity, that is, where one person is a direct descendant of a parent of the other; this category includes siblings as well as an uncle or aunt with a niece or nephew.
* within the first degree of affinity, that is, where one person is the direct ancestor or descendant of the spouse of the other person.
* as adoptive parent and adopted child.<ref>Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, [http://www.justice.gov.za/legislation/acts/2007-032.pdf s. 12].</ref>

Before 2007, incest was a common law offence which extended to the same degrees of relationship but which applied only to vaginal intercourse.<ref>{{cite book |last=Milton |first=John |title=South African Criminal Law and Procedure: Common-law crimes |year=1996 |publisher=Juta |location=Cape Town |edition=3rd |isbn=978-0-7021-3773-0 |pages=234–247}}</ref>

===Zimbabwe===
In Zimbabwe, most  forms of incest are illegal and an offender  is currently liable  to a fine up to or exceeding level fourteen (about US$5000) or imprisonment for a period not exceeding five years or both.<ref>Criminal Law Codification and Reform Act of Zimbabwe Chapter 9; 23</ref> Incest is classified as "sexual intercourse within a prohibited degree of relationship".<ref>section 75 of the Criminal Law Codification and Reform Act (The Code)</ref> A prohibited degree of relationship would be that of  a parent and his or her natural or adoptive child, a step-parent and his or her step-child, whether the step-child’s parent and step-parent are married under the Marriage Act [Chapter 5:11] or the Customary Marriages Act [Chapter 5:07], or are parties to an unregistered customary law marriage, and whether or not the child was over the age of eighteen years at the time of the marriage; a brother and sister, whether of whole or half blood;  or  an uncle and his niece;  or  a grand-uncle and his grand-niece;  or  an aunt and her nephew;  or  a grand-aunt and her grand-nephew;  or  a grandparent and his or her grandchild and any person and his or her first or second cousin. In cases of first and second cousins  an individual charged with such a crime can raise a defense that  the cultural or religious customs or traditions of the community to which he or she belongs do not prohibit marriage between first or second cousins;  or  in the case of a person who is a member of a community governed by customary law, that the cultural or religious customs or traditions of the particular community to which he or she belongs do not prohibit marriage between first or second cousins.

==Americas==

===Argentina===
In {{wipe|Argentina}}, incest is legal if both individuals are over the minimum age of consent.<ref>{{cite web |url=http://www.infoleg.gov.ar/infolegInternet/anexos/15000-19999/16546/texact.htm#17 |title=Crimes against sexual integrity. Argentine Criminal Code}}</ref> Marriage between 3rd degree relatives and beyond is allowed, with the exception of marriage involving lineal ancestors and descendants, which is considered null and void disregarding the degree of separation (parent/offspring, grandparent-grandchild).<ref>{{cite web |url=http://www.infoleg.gov.ar/infolegInternet/anexos/105000-109999/109481/texactley340_libroI_S2_tituloI.htm |title=Civil marriage legislation. Argentine Civil Code}}</ref>

===Brazil===
Brazil has no criminal punishment if the involved are over the age of 14 (the clear age of consent in force; before 2011, though, sex with people as young as 12 and as elder as 17 was in a legal grey area, with legal guardian-reported sex with those aged 12 and 13 being prosecuted as statutory rape, but unlike as with those aged 11 and younger not directly prosecuted by the State without a report by either the legal guardians or the adolescents themselves – unlike now, where the police forces prosecute all statutory rape-related cases without distinction –, and legal guardian-reported sex with those aged 14, 15, 16 and 17 being prosecuted as corruption of minors, but prosecution as corruption of minors for non-commercial consented sexual activity between people out of a defined hierarchy fell), capable of acting upon their legal rights, and that consent means that the relationship is absent of any kind of coercion or fraud.{{citation needed|date=October 2014}}

[[Social:Cousin marriage|First cousin marriages]], once fairly common in some regions in the 19th century, are allowed on demand as all other marriages, while [[Social:Avunculate marriage|avunculate ones]] (those between uncles or aunts and nephews or nieces), the preferred by some Amazonian Amerindian tribes, and those between half-siblings, are allowed provided that those contracting it have a health check.<ref name=BBC>{{cite news| url=http://news.bbc.co.uk/1/hi/6424337.stm | work=BBC News | title=Incest: an age-old taboo | date=12 March 2007 | accessdate=30 December 2011 | quote=In Brazil, an uncle and niece may have a relationship provided they undergo health checks. [...] France dropped incest from the penal code under Napoleon - 200 years ago.}}</ref><ref name="direito mais direito" /><ref name="direitobrasil" /> Marriages between parents and their children (both consanguineous and adoptive) or between siblings (both consanguineous and adoptive) are invalid, but, as stated above, non-rape sexual relationships between persons older than the age of consent are likely otherwise treated legally as all others, irrespectively of consanguinity (information over the possibility or validity of {{lang|pt|uniões estáveis}} in such situations are nevertheless unclear or unexistent, but since those in these relationships are already consanguineous and thus inherently inside a legal family entity, the rights offered by such unions – recognizing a family entity between unrelated single persons – are most likely pointless, with the exceptional cases being only the remote possibility of people who were adopted contracting a relationship with a biological close family member).

Brazilian law, by the Article 1521 of the Civil Code, also extends the invalidity of marriage between parents and children to grandparents and grandchildren or any other sort of ascendant-descendant relationship (both consanguineous and adoptive), parents-in-law and children-in-law even after the divorce of the earlier couple (see affinity), as well as to stepparents and stepchildren, and former husbands or wives to an adoptive parent who did this unilaterally (regarded as an equivalent, in families formed by adoption, to stepparents and stepchildren); and extends the invalidity of marriage between siblings to biological cousin-siblings.<ref name="direito mais direito">{{cite web|url=http://direitomaisdireito.blogspot.com.br/2010/02/situacoes-nas-quais-duas-pessoas-estao.html|title=Mundo do Direito, da Hist贸ria, da M煤sica e da Literatura.|work=direitomaisdireito.blogspot.com.br}}</ref><ref name="direitobrasil">[http://www.direitobrasil.adv.br/arquivospdf/revista/revistav42/aulas/Cas20102.pdf Direito Brasil – Marriage {{pt icon}}]</ref> It also formerly prohibited the avunculate marriages and extended the prohibition for marriage between siblings to half-siblings, both cited above, but the Decrete Law 3.200/1941 made marriage possible for those non-ascended/descended in consanguinity of third degree (25%) provided both have health checks.<ref name="direito mais direito" /><ref name="direitobrasil" />

Brazilian law never held marriages between double first cousins as a reason for invalidity, even though those have a consanguinity [[Biology:Coefficient of relationship#Human genealogy|as strong as that of half-siblings]], and those, as other first cousins, are not asked health checks to marry, doing so in the same way as non-related people. Also legally treated much like non-related people are stepsiblings, while those who are stepsiblings and half-siblings (that is, those who have a half-sibling who is also child of a latter married spouse of one's parent) are treated like half-siblings who are not stepsiblings, being demanded health checks before marrying.

===Canada===
Under Canadian federal law, incest is defined as having a sexual relationship with a sibling (including half-sibling), child/parent or grandchild/grandparent, regardless of knowing the existence of the blood relationship. It is punishable by up to 14 years' imprisonment. A person who commits incest with someone under the age of 16 is liable to a minimum imprisonment of {{abbr|½ decade|5 years}}.<ref>{{cite web|url=http://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html#PART_V_SEXUAL_OFFENCES__PUBLIC_MORALS_AND_DISORDERLY_CONDUCT_488340 |title=Criminal Code R.S.C. 1985, c. C-46, s. 155 |deadurl=yes |archiveurl=https://web.archive.org/web/20150430001252/http://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html |archivedate=2015-04-30 |df= }}</ref>

===Chile===
In Chile, incest between lineal ancestors and descendants and between full siblings is prohibited. It is punishable by up to 1 year in prison.

===United States===

Laws regarding incest in the United States vary widely between jurisdictions regarding both the definition of the offense and penalties for its commission. The Laws regarding incest in the United States article summarizes these laws for individual U.S. States and the District of Columbia.

In the {{wipe|United States}}, the District of Columbia and every state and inhabited territory have some form of codified incest prohibition. In most states, sexual activity between a lineal ancestor and a lineal descendant (parent, grandparent with child or grandchild), siblings (brother-sister) and aunt-nephew, uncle-niece is penalized as incest. However, individual statutes vary widely. Rhode Island has repealed its criminal incest statute,<ref name=harv001 /> and only criminalizes incestuous marriage.<ref name=NDAA>[http://www.ndaa.org/pdf/criminal_incest%20chart%20_2010.pdf State Criminal Incest Statutes], [http://www.ndaa.org/ National District Attorneys Association].</ref> Ohio "targets only parental figures",<ref name=harv001>{{cite web|url = https://www.jstor.org/discover/10.2307/4093513?uid=2&uid=4&sid=21103075691991|title=Inbred Obscurity: Improving Incest Laws in the Shadow of the 'Sexual Family', p. 2469-2470|author= |date=June 2006|publisher=Harvard Law Review|accessdate=7 December 2013}}</ref>  and New Jersey does not apply any penalties when both parties are 18 years of age or older.<ref name=MPICC /><ref name=harv001 /><!--- The MPICC claim of Michigan not applying penalties for over 16-year-olds is contradicted by http://www.legislature.mi.gov/%28S%28ee4ux545mzqx0055kqdhoe45%29%29/mileg.aspx?page=getObject&objectName=mcl-750-520d Michigan Penal Code 520d- it seems the MPICC mistakenly only looked at 520b---> The most severe penalties for incest are in {{wipe|Massachusetts}}, Virginia, {{wipe|Texas}} and Oregon, which punishes incest with up to {{abbr|2 decades|20 years}} in prison, Georgia where a penalty for incest is up to 30 years in prison, Wisconsin where the penalty for incest is up to 40 years in prison, and in the states of Nevada, Montana, Idaho and Michigan where a penalty of up to life imprisonment for incest may be given.

In some states, sex between first cousins is prohibited (see cousin marriage law in the United States by state for cousin sex, as well as cousin marriage, being outlawed in some states). Many states also apply incest laws to non-blood relations, including stepparents, stepsiblings, in-laws and people related through adoption.<ref name=Turner>{{cite book|title=Encyclopedia of Relationships Across the Lifespan|last=Turner|first=Jeffrey S.|year=1996 |publisher=Greenwood Publishing Group |pages=92|isbn=0-313-29576-X}}</ref>

==Asia==

===China===
====Mainland====
People's Republic of China prohibits two kinds of marriages in terms of kinship.<ref>{{cite web|url=http://www.npc.gov.cn/npc/lfzt/rlyw/2016-07/01/content_1992746.htm|title=中华人民共和国婚姻法（修正）}}</ref>
# One person is the direct descendant of another.
# One person is another's first cousin.

====Hong Kong====
In Hong Kong, it is illegal to have sexual intercourse with certain close relatives, even if they are consenting adults. The prohibited relationships are grandfather-granddaughter, father-daughter, brother-sister and mother-son. Punishment is up to {{abbr|2 decades'|20 years'}} imprisonment for male offenders and up to 14 years' imprisonment for female offenders.<ref>[http://www.legislation.gov.hk/blis_pdf.nsf/6799165D2FEE3FA94825755E0033E532/46A02C9D714527F1482575EE004C2BC1/$FILE/CAP_200_e_b5.pdf CAP 200 Crimes Ordinance], Part VI, s.47-51. (22 May 1998)</ref> The law does not cover sexual intercourse with more distant relatives, such as an aunt, uncle, niece, nephew and cousin. It only addresses male-on-female and female-on-male sexual intercourse, and it appears that consensual same-sex incest is not illegal. The law makes an assumption that a female below the age of 16 has no ability to consent to sexual intercourse, therefore a female below 16 cannot commit incest.

====Macau====
According to Macau's civil code, people in direct line kinship or in the second degree of collateral kinship cannot marry each other.<ref>{{cite web|url=http://bo.io.gov.mo/bo/i/99/31/codcivpt/codciv1401.asp|title=Código Civil - Artigo 1480.º}}</ref>

===India===
The Indian Penal Code (IPC) does not contain any specific provision against incest, but there are general provisions relating to sexual abuse of children by their custodian, such as a parent or teacher.<ref>{{cite web|url=http://www.indiatogether.org/2009/apr/chi-incest.htm|title=Incest and the conspiracy of silence |publisher=Indiatogether.org|date=30 April 2009}}</ref><ref>{{cite web|url=http://doctor.ndtv.com/topicdetails/ndtv/tid/427/Incest.html/|title=Incest in India|publisher=ndtv.com|date=12 August 2009}}</ref> More over the rule of kinship or marriage is governed by the different marriage laws.

===Iran===
According to the Article 82 of Iran's Penal code, incest is forbidden and its punishment is up to death penalty.

===Japan===
Consensual incest between adults is legal in {{wipe|Japan}}.<ref>https://www.japantimes.co.jp/opinion/2014/10/10/commentary/world-commentary/shout-adult-sibling-incest-be-against-the-law/</ref>

===Malaysia===
In Malaysia, it is incest to have sexual intercourse with a person who under the law, religion, custom or usage that applies to the person he or she is not permitted to marry on account of their relationship.<ref>{{cite web|url=http://www.agc.gov.my/Akta/Vol.%2012/Act%20574.pdf |title=Archived copy |accessdate=2015-04-07 |deadurl=yes |archiveurl=https://web.archive.org/web/20150226041337/http://www.agc.gov.my/Akta/Vol.%2012/Act%20574.pdf |archivedate=2015-02-26 |df= }} Laws of Malaysia</ref>

In addition to whipping, persons convicted of incest face a minimum sentence of 6 years' imprisonment and a maximum sentence of {{abbr|2 decades'|20 years'}} imprisonment. It is a defense against the charge if the person did not know the relationship was not permitted or if the sexual intercourse was done without his or her consent. Girls below the age of 16 and boys below the age of 13 are deemed to be incapable of giving consent. (The age of consent for sex in Malaysia is 16 for both sexes.<ref>{{cite web |url=http://www.pdfdownload.org/pdf2html/pdf2html.php?url=http%3A%2F%2Fwww.interpol.int%2FPublic%2FChildren%2FSexualAbuse%2FNationalLaws%2FcsaMalaysia.pdf&images=yes |title=Sexual Offences Laws – Malaysia – Interpol |publisher=Pdfdownload.org |accessdate=11 April 2012 |deadurl=yes |archiveurl=https://web.archive.org/web/20120324172851/http://www.pdfdownload.org/pdf2html/pdf2html.php?url=http%3A%2F%2Fwww.interpol.int%2FPublic%2FChildren%2FSexualAbuse%2FNationalLaws%2FcsaMalaysia.pdf&images=yes |archivedate=24 March 2012 |df= }}</ref>)

While it is unclear to which family members the incest law applies, a verdict from the High Court in Sabah and Sarawak in 2011 provided some indication about the sentencing guidelines. It described incest as a "heinous crime" but that the degree of kinship between the parties dictates the "level of repulsion" which the court translates into a sentence imposed. The verdict said the worst on such a scale is incest committed by a father to his biological daughter or a brother to his biological sister, and that such offenders should receive the harshest sentence. It said an uncle and his maternal niece committing incest is not on that same level and, if there was no violence involved, the length of the sentence should reflect it.<ref>http://malaysianlaw.my/attachments/HCSS-Suit%20No-CRA-KCH-42-5-2011Ziaddi_49489.pdf Malaysia incest case judgement</ref>

There are more severe sentences for those who commit incest through rape. The offence of incestuous rape is punishable with not less than 8 years' imprisonment and not more than 30 years' (3 decades') imprisonment. In addition, those convicted receive not less than 10 strokes.<ref>[http://joinedwebsolutions.com/umlawsoc/wp-content/uploads/2008/11/a1274_cpcaact06.pdf Malaysian Penal Code]</ref>

Malaysian law also considers sexual intercourse with the stepfamily to be incestuous.<ref name="NST2012">{{cite web |title=Charged with incest |publisher=New Straits Times |date=29 March 2012 |url=http://www.nst.com.my/nation/general/charged-with-incest-1.67536 |accessdate=29 March 2012}}</ref>

===Pakistan===
The legal code of Pakistan defines incest as marriage (consortion) between a male and either his:
* wife or former wife of father, grandfather and further ancestors
* Mother, grandmother and further ancestors
* Daughter, granddaughter and further descendants
* full or half sister
* parents' sisters, grandparents' sisters and further ancestors' sisters
* daughter, granddaughter and further descendant of full or half sibling
* suckling ancestor
* suckling sister
* Mother, grandmother and further ancestors of wife or former wife
* Daughter, granddaughter of wife or former wife
* Wife or former wife of true son or grandson and further descendants
* Sororal [[Social:Polygyny|polygyny]]
Both participants are guilty if they commit the above acts and are charged with [[Religion:Zina|Zina]].

===Philippines===

Article 81 of the Civil Code of the Philippines considers marriages between the following incestuous and void from their performance:<ref>Civil Code of the Philippines, Article 81.</ref>
# Between brothers and sisters, whether of the full or half blood;
# Between collateral relatives by blood within the fourth civil degree

A similar prohibition can be found in Articles 37 and 38 of the Family Code.<ref>Family Code of the Philippines, Articles 37 and 38.</ref>

In the 1973 visa proceedings case of ''In re: Bautista'', an Immigration Officer denied entry to a married couple who were second cousins. In reaching the decision, the immigration officer relied on subsection 1 of Article 81 of the Civil Code. However, on appeal, it was found that the parties were collateral relatives and therefore fell under subsection 2 of the same Code, which prohibits marriages between relatives by blood within the fourth civil degree. The fourth civil degree includes first cousins. Second cousins, who are the children of first cousins, fall under the fifth civil degree and are not covered by the prohibition. The marriage, being valid under the laws of the place of celebration, was then recognized for immigration purposes only.<ref>Matter of Bautista In Visa Proceedings, A-21307895, September 12, 1978</ref>

In addition, the [http://www.officialgazette.gov.ph/1977/02/04/presidential-decree-no-1083-s-1977-2/ Code of Muslim Personal Laws of the Philippines] allows this by consanguinity (''tahrimjbin-nasab'') the following marriages:<ref>Code of Muslim Personal Laws of the Philippines, Article 24.</ref>
# Ascendants and descendants of any degree;
# Brothers and sisters, whether germane, consanguine or uterine; and
# Brothers or sisters and their descendants within the third civil degree.

===Singapore===
Section 376G of the Penal Code specifies that "a male, of or above the age of 16, having sexual relations with his grand-daughter, daughter, sister, half-sister, mother or grandmother, with or without consent, shall be guilty of an offence. Any woman of or above the age of 16 years who, with consent, permits her grandfather, father, brother, half-brother, son or grandson (whether such relationship is or is not traced through lawful wedlock) to penetrate her in the manner described in subsection (1)(a) or (b), knowing him to be her grandfather, father, brother, half-brother, son or grandson, as the case may be, shall be guilty of an offence."<ref>http://statutes.agc.gov.sg/aol/search/display/view.w3p;ident=9f804d76-c39f-4e35-8cfe-1be8dd20bfe9;page=0;query=DocId%3A%22025e7646-947b-462c-b557-60aa55dc7b42%22%20Status%3Ainforce%20Depth%3A0;rec=0#pr376G-he-.</ref>

===Taiwan===
In Taiwan, officially the Republic of China (ROC), Article 983 of the [http://law.moj.gov.tw/Eng/LawClass/LawContent.aspx?PCODE=B0000001 Civil Code] prohibits marrying any lineal relative by blood or by marriage, collateral relative by blood if is within the sixth degree of relationship (except relative by adoption who is of the same rank), or if collateral relative by marriage is within the fifth degree of relationship of a different rank. Relatives by marriage or adoption are prohibited marriage and cannot marry even after the marriage or adoption has ended. The degree of relationship is calculated vertically, therefore a sibling is within the second degree of relationship.  The
[http://www.judicial.gov.tw/constitutionalcourt/p03.asp Judicial Yuan Interpretation] No.32 and No.91 allows marriage between siblings by adoption when the adoption was intended for the marriage. When the interpretation was made, it was not uncommon for parents to adopt a child so that their own child can marry the adopted child when both children have grown up.
Article 230 of the [http://law.moj.gov.tw/LawClass/LawContent.aspx?PCODE=C0000001 Penal Code] prohibits sexual intercourse between any lineal relatives by blood or collateral relatives within the third degree of relationship by blood. Violators may be imprisoned for up to 5 years.

===Thailand===
Incestuous relations between adults (over 18 years old) are '''not''' prohibited by law. Incestuous marriage is prohibited by law.

===Turkey===
Sibling marriage and [[Social:Avunculate marriage|avunculate marriage]] is prohibited, while [[Social:Cousin marriage|cousin marriage]] is legal.<ref name=Turkishcivil>[http://www.tbmm.gov.tr/kanunlar/k4721.html Turkish civil law] (Turkish)</ref> Marriage between parents and offspring is also prohibited, even when there is no blood relationship, i.e. adoptive parent or parent-in-law.<ref name="Turkishcivil" />

===Vietnam===
Incest between people of direct blood line is illegal in Vietnam and is punishable by sentencing to between {{abbr|½ year|6 months}} and {{abbr|½ decade|5 years}} of imprisonment.<ref name="Penal Code">{{cite web|title=Penal Code (No. 15/1999/QH10) Article 150 |url=http://vbqppl.moj.gov.vn/vbpq/en/_layouts/printeng.aspx?id=610 |publisher=Ministry of Justice |accessdate=10 October 2011 |deadurl=yes |archiveurl=https://web.archive.org/web/20131002004440/http://vbqppl.moj.gov.vn/vbpq/en/_layouts/printeng.aspx?id=610 |archivedate= 2 October 2013 |df= }}</ref>

==Europe==
Most European countries prohibit incest;<ref>{{cite web|url=http://iji.cgpublisher.com/product/pub.88/prod.1300|title=Roffee James A., ‘Lifting the Veil on Incest: The Historical Development of the Offence’ The International Journal of Interdisciplinary Social Sciences, [2011] 5(10) 297-312}}</ref> apart from those listed below, these include: (all articles refer to the Penal Codes) Albania Article 106,<ref>{{cite web|url=http://pbosnia.kentlaw.edu/resources/legal/albania/crim_code.htm|title=Rule of Law Through Technology : Level 4 Page|work=kentlaw.edu}}</ref> Ukraine Article 155 Paragraph 2,<ref>{{cite web|url=http://www.legislationline.org/documents/action/popup/id/16257/preview|title=Legislationline|work=legislationline.org}}</ref> Slovenia Article 195,<ref>{{cite web|url=http://www.legislationline.org/documents/section/criminal-codes/country/3|title=Criminal codes - Legislationline|work=legislationline.org}}</ref> Slovakia Section 203,<ref>{{cite web|url=http://www.legislationline.org/documents/section/criminal-codes/country/4|title=Criminal codes - Legislationline|work=legislationline.org}}</ref> Serbia Article 197,<ref>{{cite web|url=http://www.osce.org/serbia/18244|title=Criminal Code of the Republic of Serbia|work=osce.org}}</ref> Poland Article 201,<ref>{{cite web|url=http://www.legislationline.org/documents/section/criminal-codes/country/10|title=Criminal codes - Legislationline|work=legislationline.org}}</ref> Norway Article 197 and 198,<ref>{{cite web|url=http://www.legislationline.org/documents/section/criminal-codes/country/11|title=Criminal codes - Legislationline|work=legislationline.org}}</ref> Bosnia and Herzegovina Article 201,<ref>{{cite web|url=http://www.legislationline.org/documents/section/criminal-codes/country/40|title=Criminal codes - Legislationline|work=legislationline.org}}</ref> Hungary Article 199,<ref>{{cite web|url=http://www.legislationline.org/documents/section/criminal-codes/country/25|title=Criminal codes - Legislationline|work=legislationline.org}}</ref> Bulgaria,<ref>{{cite web|url=http://www.legislationline.org/documents/action/popup/id/8881/preview|title=Legislationline|work=legislationline.org}}</ref> Croatia Article 198,<ref>{{cite web|url=http://www.legislationline.org/documents/section/criminal-codes/country/37|title=Criminal codes - Legislationline|work=legislationline.org}}</ref> and Cyprus Article 147.<ref>{{cite web|url=http://www.cylaw.org/nomoi/enop/non-ind/0_154/full.html|title=Ï ðåñß Ðïéíéêïý Êþäéêá Íüìïò - ÊÅÖ.154|work=cylaw.org}}</ref>

Countries which allow incest between consenting adult siblings include France, Spain, the [[Organization:Benelux|Benelux]] and Portugal.<ref name="focus-2011-05-22">{{cite web |url=http://www.focus.de/panorama/welt/tid-22414/europaeischer-gerichtshof-geschwisterpaar-bringt-inzest-verbot-ins-wanken_aid_629510.html | title=Geschwisterpaar bringt Inzest-Verbot ins Wanken | date=22 May 2011 | language=German}}</ref><!-- Source mentions six countries where "consensuous incest is no longer enforced" ("In anderen EU-Ländern wird einvernehmlicher Inzest längst nicht mehr verfolgt, etwa in Frankreich, Spanien, Belgien, den Niederlanden, Luxemburg oder Portugal." - no word about existing laws not being enforced)--->

===Austria===
In Austria, incest between lineal ancestors and descendants and between full siblings is prohibited. It is punishable by up to 9 years in prison.<ref>§ 211 StGB: http://www.jusline.at/211_Blutschande_StGB.html</ref>

===Denmark===
In {{wipe|Denmark}}, incest is sex between lineal ancestors and descendants and between full siblings. Sex with a descendant is punishable by up to 6 years' imprisonment. Sex between siblings is punishable by up to 2 years' imprisonment.<ref>Danish penal law, paragraph 210</ref><ref>[https://www.retsinformation.dk/Forms/R0710.aspx?id=138671. retsinformation.dk<!-- Bot generated title -->]</ref>

===Estonia===
Incest is not criminally prohibited in Estonia except as part of the general protection of adolescents from sexual abuse.<ref name="eurocommunicator.ge">{{cite web|url=http://eurocommunicator.ge/eng/view_myth/1|title=The myth about legalization of incest in the West is misleading}}</ref>

===Finland===
In {{wipe|Finland}}, sexual acts between one's full sibling (but not half-sibling), ancestor or descendant is punishable from a fine up to 2 years in prison for "sexual act between close relative". But it will not be punished if the person in question has been under 18 years old when have performed the sexual act with parent or grandparent or the person have been forced or illegally persuaded to perform the sexual act.<ref>{{cite web|url=http://www.finlex.fi/fi/laki/ajantasa/1889/18890039001#L17|title=Finnish law regarding sexual act between close relative 22 § (24.7.1998/563)}}</ref> The marriage law defines, that marriage between one's sibling, half-sibling, ancestor or descendant is forbidden.<ref>{{cite web|url=http://www.finlex.fi/fi/laki/ajantasa/1929/19290234|title=Avioliittolaki - marriage law 7 § (16.4.1987/411)(in Finnish)}}</ref>

===France, Belgium and Luxembourg===
The 1810 penal code promulgated by Napoleon I and adopted throughout most of Europe abolished incest laws in {{wipe|France}},<ref name=BBC/> Belgium and Luxembourg. On 27 January 2010, France reinstated laws against incest. The new law, however, defines incest as rape or sexual abuse on a minor "by a relative or any other person having lawful or de facto authority over the victim".<ref>Samuel, Henry. [https://www.telegraph.co.uk/news/worldnews/europe/france/7085759/France-makes-incest-a-crime.html "France makes incest a crime"]. ''The Telegraph''.</ref> Incest between consenting adults is not prohibited.

===Germany===
In {{wipe|Germany}}, incest is legally defined as vaginal intercourse between lineal ancestors and descendants (parents, grandparents, great-grandparents and their children, grandchildren, great-grandchildren) and between full and half siblings.<ref>{{cite web|url=http://bundesrecht.juris.de/stgb/__173.html|title=StGB - Einzelnorm|work=juris.de}}</ref> The penalty is a fine or up to 3 years of prison. Incest between relatives who are minors (below 18 years old) at the time of offence is not punishable but remains a crime, therefore aiding and abetting of incest between related minors is punishable.<ref>See :de:Inzest#Rechtslage in Deutschland.</ref>

Regarding marriage, the same rules apply and  prohibit marriage between aforementioned relatives.<ref>{{cite web|url=http://bundesrecht.juris.de/bgb/__1307.html|title=BGB - Einzelnorm|work=juris.de}}</ref>

The criminal liability of incest among consenting adults is disputed in Germany. In the case of Patrick Stübing, the Federal Constitutional Court ruled in 2008 that the criminalization of incest is constitutional in a 7:1 vote with one judge dissenting.<ref>{{cite web|url=http://www.bverfg.de/entscheidungen/rs20080226_2bvr039207.html|title=Bundesverfassungsgericht|work=bverfg.de}}</ref>

In September 2014 the [[Philosophy:German Ethics Council|German Ethics Council]] recommended that the government abolish laws criminalizing consensual incest between adult siblings, arguing that such bans impinge upon citizens.<ref>{{cite web|url=http://www.thedailybeast.com/cheats/2014/09/24/german-ethics-council-incest-is-a-right.html |title=German Ethics Council: Incest Is a Right |publisher=The Daily Beast |date=2014-09-24 |accessdate=2014-10-05}}</ref>

===Greece===
Article 345<ref>{{cite web|url=http://www.ministryofjustice.gr/site/kodikes/%CE%95%CF%85%CF%81%CE%B5%CF%84%CE%AE%CF%81%CE%B9%CE%BF/%CE%A0%CE%9F%CE%99%CE%9D%CE%99%CE%9A%CE%9F%CE%A3%CE%9A%CE%A9%CE%94%CE%99%CE%9A%CE%91%CE%A3/tabid/432/language/el-GR/Default.aspx|title=Υπουργείο Δικαιοσύνης - Κώδικες > Ευρετήριο > ΠΟΙΝΙΚΟΣ ΚΩΔΙΚΑΣ|work=ministryofjustice.gr}}</ref> of the Greek Penal Code as modified by Article 2, Paragraph 8 of Law 3625/2007<ref>[https://nomoi.info/%CE%A6%CE%95%CE%9A-%CE%91-290-2007-%CF%83%CE%B5%CE%BB-15.html Law 3625/2007 (In Greek)]</ref> and Article 3 Paragraph 10 of Law 3727/2008<ref>[http://www.dsanet.gr/Epikairothta/Nomothesia/n3727_08.htm Law 3727/2008 (In Greek)]</ref> prohibits incestuous relations between relatives of both ascending and descending line, and between half or full siblings, and imposes (1) for the ascending relative (for example father, uncle, grandfather etc.): at least a [[Physics:Decade|decade]] imprisonment if the descending relative is under 15 years old, imprisonment if 15 but not 18 years old, and maximum 2 years' imprisonment if 18 years and older; (2) for the descending relative (for example child, nephew etc.) maximum 2 years' imprisonment; (3) for half or full siblings maximum 2 years' imprisonment. Paragraph 2 of Article 345 Penal Code also states that if the descending relative and the half or full siblings were under 18 years old, they might be cleared of any charge.

Also, Article 1357<ref>[http://www.ministryofjustice.gr/site/kodikes/%CE%95%CF%85%CF%81%CE%B5%CF%84%CE%AE%CF%81%CE%B9%CE%BF/%CE%91%CE%A3%CE%A4%CE%99%CE%9A%CE%9F%CE%A3%CE%9A%CE%A9%CE%94%CE%99%CE%9A%CE%91%CE%A3/tabid/225/language/el-GR/Default.aspx Greek Civil Code (In Greek)]</ref> of the Greek Civil Code prohibits the marriage of relatives of direct blood line in totality, and up the four degrees of [[Social:Consanguinity|consanguinity]] of the secondary blood line (for example you can marry the first cousin of your mother / father, but not your first cousin). Article 1358 of the Greek Civil Code also prohibits the marriage of relatives in law totally in direct blood line, and up the third degree of the secondary blood line.

===Iceland===
Article 200<ref>{{cite web|url=http://www.althingi.is/lagas/146a/1940019.html#G200|title=19/1940 Almenn hegningarlög}}</ref> of the Icelandic Penal Code prohibits incestuous relations between relatives of both ascending and descending line, and between half or full siblings, and (1) imposes for the ascending relative (for example father, uncle, grandfather etc.): imprisonment up to a maximum of 12 years if the descending relative is between 15 and 17 years old, imprisonment up to a maximum of 8 years if 18 years and older; (2) for siblings a maximum 4 years' imprisonment – if the half or full siblings were under 18 years old, they might be cleared of any charge.

===Republic of Ireland===
Incest is illegal in the Republic of Ireland under the Punishment of Incest Act 1908,<ref name="Incest Act 1908">{{cite web|url=http://www.irishstatutebook.ie/1908/en/act/pub/0045/print.html|title=Punishment of Incest Act, 1908|work=irishstatutebook.ie}}</ref> which pre-dates the foundation of the state.

It is illegal for a male to have sexual intercourse with his granddaughter, mother, daughter or sister (including half-sister); and for a female (over sixteen years of age) with her grandfather, father, son or brother (including half-brother). The act does not refer to other familial relationships (such as grandson-grandmother), or [[Social:Homosexuality|same-sex relations]].<ref name="Incest Act 1908" />

It is punishable by up to 7 years' imprisonment for a female and up to life imprisonment for a male.<ref>[http://www.citizensinformation.ie/en/justice/criminal_law/criminal_offences/law_on_sex_offences_in_ireland.html The law on sexual offences in Ireland<!-- Bot generated title -->] {{webarchive|url=https://web.archive.org/web/20130628040525/http://www.citizensinformation.ie/en/justice/criminal_law/criminal_offences/law_on_sex_offences_in_ireland.html |date=2013-06-28 }}</ref> The maximum sentence for males was increased from seven years to twenty years by the Criminal Justice Act, 1993;<ref>{{cite web|url=http://www.irishstatutebook.ie/1993/en/act/pub/0006/print.html|title=Criminal Justice Act, 1993|work=irishstatutebook.ie}}</ref> and further increased to life imprisonment by the Criminal Law (Incest Proceedings) Act, 1995.<ref>{{cite web|url=http://www.irishstatutebook.ie/1995/en/act/pub/0012/print.html|title=Criminal Law (Incest Proceedings) Act, 1995|work=irishstatutebook.ie}}</ref>

The maximum sentence for females has never been increased from the 7 years specified in the original 1908 act. A private members' bill introduced in 2012 by Denis Naughten TD attempted to redress this inequality in sentencing by increasing the maximum sentence for females to life imprisonment. However, during a speech made during the second stage reading of the bill in March 2014, Justice Minister Alan Shatter TD stated that while he was not opposed to the bill in principle, a sexual offences bill announced by the government on 17 December 2013 will "include measures to equalise upwards the penalties for incest by male and female offenders" and also "take a more comprehensive approach to reform of the law in this area".<ref>[http://www.merrionstreet.ie/index.php/2014/03/criminal-law-incestamendment-bill-2012-private-members-bill-second-stage-speech-by-alan-shatter-t-d-minister-for-justice-and-equality/]</ref>

Occasionally, offenders convicted of incest will be admitted to a psychiatric hospital for psychiatric treatment.{{Citation needed|date=May 2014}}

===Italy===
Incest is illegal in Italy only if it provokes public scandal, according to Article 564 of the Penal code and punishable from 2 to 8 years' imprisonment, open to more years for the older person if the other was under aged.<ref>{{cite web|url=http://www.altalex.com/index.php?idnot=36773|title=Dei delitti contro la famiglia|work=Altalex}}</ref>

===Latvia===
Incest is not criminally prohibited in Latvia except as part of the general protection of adolescents from sexual abuse.<ref name="eurocommunicator.ge"/>

===Lithuania===
Incest is not criminally prohibited in Lithuania except as part of the general protection of adolescents from sexual abuse.<ref name="eurocommunicator.ge"/>

===Netherlands===
Consensual incest between adults is legal in the Netherlands.<ref name="MPICC" /> Marriage is forbidden between ancestors and descendants or between siblings, although the Minister of Justice may grant dispensation in the case of siblings by adoption. Marriage is also forbidden between blood relations of the third and fourth degree, unless both partners have signed a declaration of consent. (Dutch civil law book 1, articles 41 and 42.<ref>{{cite web|title=Dutch civil law, book 1, article 41|url=http://wetten.overheid.nl/BWBR0002656/Boek1/Titel5/Afdeling1/Artikel41/geldigheidsdatum_08-09-2015|website=Overheid.nl|accessdate=8 September 2015}}</ref>)

===Norway===
Incest is illegal in {{wipe|Norway}} and is defined as intercourse between ancestors and descendants, siblings, and even stepfamily. It is punishable by up to 5 years in prison.<ref>[http://www.lovdata.no/all/tl-19020522-010-023.html Straffelovens kapittel 19]</ref>

===Poland===
In {{wipe|Poland}}, incest is defined in Article 201 of the [https://web.archive.org/web/20080309141745/http://isip.sejm.gov.pl/servlet/Search?todo=open&id=WDU19970880553 Penal Code] as sexual intercourse with an ancestor, descendant, guardian, ward, brother, or sister, and is punishable by imprisonment for no less than 3 months and no more than 5 years.

===Portugal===
Incest is not specifically prohibited under Portuguese law.<ref>{{cite web |url=https://www.un.org/News/Press/docs/2002/WOM1309.doc.htm |title=Committee Experts Praise Portugal's Efforts to Promote Equality of Women|publisher=Committee on Elimination of Discrimination against Women|date=January 2002}}</ref>

===Romania===
Incest is defined in the Penal Code as "consensual sexual relations between lineal relatives or between siblings" and is punished by a year to {{abbr|{{frac|1|2}} decade|5 years}} in prison.<ref>{{cite web | url=http://www.avocatura.com/ll491-noul-cod-penal.html | title=Noul Cod Penal (2013/2014) | accessdate=2013-04-24}}</ref>

===Russia===
In {{wipe|Russia}}, consensual sex between adults, including incest, is not a crime.<ref name="MPICC" /><ref>{{cite journal
| author      = Agafonov A.V.
| year        = 2003
| script-title=ru:Отражение становления и развития правовых норм, предусматривающих уголовную ответственность за посягательства на права личности в сфере сексуальных отношений в законодательстве России
|trans-title=A study of the effect of the establishment and development of legal norms criminalizing the encroachment on personal rights in the area of sexual relations in Russian law
| journal     = Сибирский юридический вестник
| volume      = 2
| issn        = 2071-8136
| url         = http://www.lawinstitut.ru/archnum.aspx?lang=ru
| language    = Russian
| format      = 
| accessdate  = 30 October 2009
}}
</ref> However, under the Family Code of Russia, persons who are related lineally, siblings, half-siblings, and a stepparent and a stepchild may not marry.<ref>Family Code of Russia, [http://www.consultant.ru/popular/family/20_4.html#p111 article 14]</ref>

===Slovenia===
Incest in Slovenia is not criminally prohibited unless one person is a minor. A person who has sexual relations with a blood relation minor is punished to 2 years in prison. <ref>{{Cite journal|date=2017-02-21|title=Incest|url=https://sl.wikipedia.org/w/index.php?title=Incest&oldid=4808396|journal=Wikipedija, prosta enciklopedija|language=sl}}</ref>

===Spain===
Consensual incest between adults is legal in {{wipe|Spain}}.<ref name="MPICC" />

===Sweden===
Incest with a descendant or a full sibling is prohibited by law in Sweden.<ref name=swed001>{{cite web|url=http://www.notisum.se/rnp/SLS/LAG/19620700.htm#K6P7S1|title=Brottsbalken kap. 6 § 7|author= |date=|publisher=|accessdate=10 December 2009}}</ref> Half-siblings can marry, but require special approval by the government.

===Switzerland===
Article 213 of the Swiss Penal Code prohibits incest. Intercourse among siblings or other persons related by blood in direct line is punishable by up to 3 years' imprisonment.<ref>{{cite swiss law|en = Swiss Penal Code|sr=311.0|link=311_0|art=213}}</ref> The federal government proposed to abolish this prohibition in 2010, arguing that in the few cases where persons were convicted of incest (three since 1984), other sexual crimes such as child sexual abuse were also committed.<ref name="Le Temps 2010">{{cite news|last=Masmejan|first=Denis|title=Dépénaliser l’inceste n’est pas une bonne idée|url=http://www.letemps.ch/Page/Uuid/10ba23fe-c29c-11df-a569-2385a4a9126b/Dépénaliser_linceste_nest_pas_une_bonne_idée|accessdate=19 September 2010|newspaper=Le Temps|date=18 September 2010|deadurl=yes|archiveurl=https://web.archive.org/web/20100921065451/http://www.letemps.ch/Page/Uuid/10ba23fe-c29c-11df-a569-2385a4a9126b/D%C3%A9p%C3%A9naliser_linceste_nest_pas_une_bonne_id%C3%A9e|archivedate=21 September 2010|df=}}</ref>

===United Kingdom===
Legislation regarding sexual offences in the United Kingdom is devolved. Sex with an adult who is related as parent (including adoptive parent), grandparent, child (including adopted child), grandchild, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece, is illegal. In England and Wales the offence is against the Sexual Offences Act 2003<ref>{{cite web|title=Sexual Offences Act 2003|url=http://www.legislation.gov.uk/ukpga/2003/42/contents|accessdate=20 March 2016}}</ref> which effectively replaced the offence of incest with two new wider groups of offences: familial child sex offences (sections 25–29) and sex with an adult relative (sections 64–65). These laws are intended to protect the rights of people, so as to avoid potential violation. However, these laws still outlaw consensual sexual relationships between family members, even if they are fully willing and knowledgeable to the potential consequences.<ref>{{cite journal|doi=10.1093/hrlr/ngu023|title= No Consensus on Incest? Criminalisation and Compatibility with the European Convention on Human Rights| volume=14 | journal=Human Rights Law Review|pages=541–572}}</ref> There has been some debate surrounding the rhetoric used by the Sexual Offences Review Team. Roffee discusses how the language used manipulates the reader to deem consensual familial sexual acts as illegal to the point of immoral.<ref>{{cite journal|url=http://journals.sagepub.com/doi/abs/10.1177/0964663913502068?legid=spsls%3B23%2F1%2F113&patientinform-links=yes|title= The Synthetic Necessary Truth Behind New Labour’s Criminalisation of Incest| doi=10.1177/0964663913502068 | volume=23|journal=Social & Legal Studies|pages=113–130}}</ref> In Northern Ireland similar offences are against the Sexual Offences (Northern Ireland) Order 2008.<ref>{{cite web|title=The Sexual Offences (Northern Ireland) Order 2008|url=http://www.legislation.gov.uk/nisi/2008/1769/contents|accessdate=20 March 2016}}</ref>

In Scotland the offence is against the Criminal Law (Consolidation) (Scotland) Act 1995,<ref>{{cite web|title=Criminal Law (Consolidation) (Scotland) Act 1995|url=http://www.legislation.gov.uk/ukpga/1995/39/part/I/crossheading/incest-and-related-offences|accessdate=20 March 2016}}</ref> the provisions of which effectively replaced the Incest and Related Offences (Scotland) Act 1986<ref>{{cite web|title=Incest and Related Offences (Scotland) Act 1986|url=http://www.legislation.gov.uk/ukpga/1986/36/section/1/enacted|accessdate=20 March 2016}}</ref> (although the 1986 Act was not actually repealed until 2010).<ref>{{cite web|title=Criminal Justice and Licensing (Scotland) Act 2010|url=http://www.legislation.gov.uk/asp/2010/13/schedule/7|accessdate=20 March 2016}}</ref> Prior to the 1986 Act the law was based on the Incest Act 1567 which incorporated into Scots criminal law Chapter 18 of the Book of Leviticus, using the version of the text of the Geneva Bible of 1562.<ref>{{cite web|title=Briefing for the Public Petitions Committee - Adult Consensual Incest|url=http://www.scottish.parliament.uk/ResearchBriefingsAndFactsheets/Petitions%20briefings%20S4/PB16-1599.pdf|website=Scottish Parliament|accessdate=20 March 2016}}</ref>  In January 2016 a petition  calling for “Adult Consensual Incest” to be decriminalised, was submitted to the Scottish Parliament's Public Petitions Committee but the petition was not debated and no change was made to the law.<ref>{{cite web|title=PE01599: Adult Consensual Incest (ACI)|url=http://www.scottish.parliament.uk/GettingInvolved/Petitions/ACI|website=Scottish Parliament|accessdate=20 March 2016}}</ref>

==Oceania==

===Australia===
In {{wipe|Australia}}, under federal law, sexual conduct between consenting adults (18 years of age or older) is legal,<ref name= "act1994">{{cite web |title=''Human Rights (Sexual Conduct) Act'' 1994 |publisher=Commonwealth Consolidated Acts |url=http://www.austlii.edu.au/au/legis/cth/consol_act/hrca1994297/s4.html |accessdate=2012-11-09}}</ref><ref>''Human rights in Australian law: principles, practice and potential'', (1998) edited by David Kinley. {{ISBN|1862873062}}.</ref> and state incest laws are subject to the overriding federal law. Federal law prohibits marriage to an ancestor and descendant or sibling (including a sibling of half-blood), including those traced through adoption.<ref>''[[Social:Marriage Act 1961 (Australia)|Marriage Act 1961]]'', section 23B</ref><ref name=MarrAct>{{cite web |url=http://www.austlii.edu.au/au/legis/cth/consol_act/ma196185/s23b.html |title=''Marriage Act'' 1961, s 23B}}</ref>

Subject to conflicting Commonwealth laws, incest is a crime in every Australian jurisdiction,<ref>See NSW: {{cite web |url=http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s78a.html |title=Crimes Act 1900 s 78A}}; Vic: {{cite web |url=http://www.austlii.edu.au/au/legis/vic/consol_act/ca195882/s44.html |title=Crimes Act 1958 s 44}}; Qld: {{cite web |url=http://www.austlii.edu.au/au/legis/qld/consol_act/cc189994/s222.html |title=Criminal Code s 222}}; SA: {{cite web |url=http://www.austlii.edu.au/au/legis/sa/consol_act/clca1935262/s72.html |title=Criminal Law Consolidation Act 1935 s 72}}; WA: {{cite web |url=http://www.austlii.edu.au/au/legis/wa/consol_act/cc94/s329.html |title=Criminal Code s 329}}; Tas: {{cite web |url=http://www.thelaw.tas.gov.au/tocview/content.w3p;cond=;doc_id=69%2B%2B1924%2BJS1%40GS133%40EN%2B20071018000000;histon=;prompt=;rec=;term= |title=Criminal Code s 133}}; ACT: {{cite web |url=http://www.austlii.edu.au/au/legis/act/consol_act/ca190082/s62.html |title=Crimes Act 1900 s 62}}; NT: {{cite web |url=http://www.austlii.edu.au/au/legis/nt/consol_act/cc94/s134.html |title=Criminal Code s 134}}.</ref> but definitions and penalties vary.

In all jurisdictions except New South Wales, incest is sexual intercourse between a lineal ancestor and a lineal descendant. In New South Wales, incest takes place between "close family members", which are "parent, son, daughter, sibling (including a half-brother or half-sister), grandparent or grandchild, being such a family member from birth".<ref name=NSWAct>{{cite web |url=http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s78a.html |title=Crimes Act 1900 (NSW), s 78A}}.</ref> Incest generally only applies in cases where a participant is aged 16 or over (the age of consent in that state); and where the participant is aged between 10 and 16 years of age an older participant would generally be charged with sexual intercourse with a child under the age of 16, while cases in which a participant is under 10 an older participant would generally be charged with sexual intercourse with a child under the age of 10.

In Queensland, unlawful incest includes sexual intercourse between an uncle or aunt with their niece or nephew, although here its application is curtailed by the effect of the federal ''Marriage Act'' 1961, as the Queensland Criminal Code states that the crime of incest does not apply to “persons who are lawfully married or entitled to be lawfully married”. Thus it is not incest for a niece aged 16 or over to engage in sexual intercourse with their uncles and a nephew aged 16 or over may engage in sexual intercourse with their aunts. The same principles apply in a same-sex context, as the ''Marriage Act'' allows [[Social:Same-sex marriage|same-sex marriage]].

In all other jurisdictions, incest can also arise where one of the parties is below the age of consent, but this does not exclude the possibility of bringing the more general charge of sexual intercourse with a child under the age of 10 (New South Wales and Northern Territory), 12, 16 or 17 (South Australia and Tasmania) as the case may be. This is particularly relevant where a certain form of sexual conduct between related persons falls outside of the legal definition of incest in a particular jurisdiction.

In no Australian state or territory is consent a defense to incest. The maximum penalty for incest varies: 8 years' imprisonment in New South Wales;<ref name=NSWAct /> {{abbr|1 decade|10 years'}} imprisonment in South Australia; {{abbr|2 decades'|20 years'}} imprisonment in Western Australia and the Australian Capital Territory; {{abbr|2½ decades'|25 years' or ¼ century}} imprisonment in the Northern Territory, Victoria and Tasmania; and life imprisonment in Queensland. After one conviction for incest, the offender's name is placed on the sex offender registry for {{abbr|1{{frac|1|2}} decades|15 years}}, while any offender with two or more convictions for incest has their name placed on the Register for the remainder of their life.

===New Zealand===
In [[Earth:New Zealand|New Zealand]], incest is sexual connection between a parent and child (both biological and adopted), grandparent and grandchild (both biological and adopted), and full and half siblings.

It is a defence if the person was unaware of the relationship at the time of the act (i.e. accidental incest). A conviction for incest attracts a maximum penalty of a decade imprisonment.<ref>{{cite web |url= http://www.legislation.govt.nz/act/public/1961/0043/latest/DLM329081.html#DLM329081 |title= 130 Incest -- Crimes Act 1961 No 43 (as at 13 July 2011), Public Act -- New Zealand Legislation Online |publisher= Parliamentary Counsel Office |date= 13 July 2011 |accessdate= 10 February 2012}}</ref> Incest is the only sexual crime punishable by 7 years or more imprisonment that is not subject to the country's "three-strikes" law.<ref>{{cite web |url= http://www.legislation.govt.nz/act/public/2002/0009/latest/DLM3023002.html |title= 86A Interpretation -- Additional consequences for repeated serious violent offending -- Sentencing Act 2002 No 9 (as at 22 January 2014), Public Act -- New Zealand Legislation Online |publisher= Parliamentary Counsel Office |date= 22 January 2014 |accessdate= 12 June 2014}}</ref>

It is also illegal in New Zealand to have a sexual connection with a dependent child under 18; this includes step-children, foster children and [[Social:Ward (law)|ward]]s. A conviction for having a sexual connection, or attempting to have a sexual connection, with a dependent child attracts a maximum penalty of 7 years' imprisonment.<ref>{{cite web |url= http://www.legislation.govt.nz/act/public/1961/0043/latest/DLM329085.html |title= 131 Sexual conduct with dependent family member -- Crimes Act 1961 No 43 (as at 11 May 2014), Public Act -- New Zealand Legislation Online |publisher= Parliamentary Counsel Office |date= 11 May 2014 |accessdate= 12 June 2014}}</ref>

==See also==
* Jewish views on incest
* [[Biology:Mahram|Mahram]]

==References==
{{Reflist|30em}}

==External links==
* Hughes, Graham. "[http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=5245&context=jclc The Crime of Incest]." ''Journal of Criminal Law and Criminology'', Fall 1964. Volume 55, Issue 3 (September), Article 2, p.&nbsp;322-331.


[[Category:Family law]]

{{Sourceattribution|Laws regarding incest|1}}