Sec. 3. (a) A person eighteen (18) years of age or older who engages in sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5) with another person, when the person knows that the other person is related to the person biologically as a parent, child, grandparent, grandchild, sibling, aunt, uncle, niece, or nephew, commits incest, a Level 5 felony. However, the offense is a Level 4 felony if the other person is less than sixteen (16) years of age.

     (b) It is a defense that the accused person’s otherwise incestuous relation with the other person was based on their marriage, if the marriage was valid where it was entered into.

As added by Acts 1976, P.L.148, SEC.6. Amended by Acts 1977, P.L.340, SEC.86; P.L.158-1987, SEC.5; P.L.79-1994, SEC.16; P.L.158-2013, SEC.549.

Attorney's Note

Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Level 4 felonybetween 2 and 12 yearsup to $10,000
Level 5 felonybetween 1 and 6 yearsup to $10,000
For details, see Ind. Code § 35-50-2-5.5 and Ind. Code § 35-50-2-6
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