Indiana Statutes

§ 35-46-1-3 — Incest

Indiana § 35-46-1-3
JurisdictionIndiana
Art. 46MISCELLANEOUS OFFENSES
Ch. 1Offenses Against the Family

This text of Indiana § 35-46-1-3 (Incest) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ind. Code § 35-46-1-3 (2026).

Text

(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.

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Nearby Sections

15
§ 35-31.5-1-1
Applicability
§ 35-31.5-2-1
"Abandon"
§ 35-31.5-2-1.5
"Abuse"
§ 35-31.5-2-1.7
"Abusive head trauma"
§ 35-31.5-2-10
"Advisory sentence"
§ 35-31.5-2-10.5
"Affiant"
§ 35-31.5-2-100
"Distribute"
§ 35-31.5-2-101
"Distributor"
§ 35-31.5-2-102
"Documentary material"
§ 35-31.5-2-103
"Domestic animal"
§ 35-31.5-2-104
"Drug"
§ 35-31.5-2-105
"Drug abuser"
§ 35-31.5-2-105.5
"Drug crime"
§ 35-31.5-2-107
"Dwelling"
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Bluebook (online)
Indiana § 35-46-1-3, Counsel Stack Legal Research, https://law.counselstack.com/statute/in/35-46-1-3.