Indiana Statutes
§ 35-46-1-3 — Incest
Indiana § 35-46-1-3
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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Related
Baxter v. State
522 N.E.2d 362 (Indiana Supreme Court, 1988)
B.K.C. v. State
781 N.E.2d 1157 (Indiana Court of Appeals, 2003)
State Ex Rel. Camden v. Gibson Circuit Court
640 N.E.2d 696 (Indiana Supreme Court, 1994)
Sargent v. State
875 N.E.2d 762 (Indiana Court of Appeals, 2007)
Snider v. State
412 N.E.2d 230 (Indiana Supreme Court, 1980)
Christopher Smith v. State of Indiana
8 N.E.3d 668 (Indiana Supreme Court, 2014)
Edward Gilliland v. State of Indiana
979 N.E.2d 1049 (Indiana Court of Appeals, 2012)
Heitman v. State
627 N.E.2d 1307 (Indiana Court of Appeals, 1994)
Dowdell v. City of Jeffersonville
907 N.E.2d 559 (Indiana Court of Appeals, 2009)
Willis v. State
776 N.E.2d 965 (Indiana Court of Appeals, 2002)
Schaefer v. State
750 N.E.2d 787 (Indiana Court of Appeals, 2001)
Bohall v. State
546 N.E.2d 1214 (Indiana Supreme Court, 1989)
Jewell v. State
877 N.E.2d 864 (Indiana Court of Appeals, 2007)
Spurlock v. State
718 N.E.2d 773 (Indiana Court of Appeals, 1999)
McGhee v. State
899 N.E.2d 35 (Indiana Court of Appeals, 2008)
Kyle Pavan v. State of Indiana
64 N.E.3d 231 (Indiana Court of Appeals, 2016)
Slater v. Marion County Department of Child Services
865 N.E.2d 1043 (Indiana Court of Appeals, 2007)
Jackson v. State
682 N.E.2d 564 (Indiana Court of Appeals, 1997)
In Re the Adoption of: I.B. and W.B., (Minor Children) and B.B. v. B.C. & J.L., and The Indiana Department of Child Services
19 N.E.3d 784 (Indiana Court of Appeals, 2014)
In re the Matter of M.C. (Minor Child), J.C. (Father) v. Indiana Department of Child Services (mem. dec.)
(Indiana Court of Appeals, 2018)
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"§ 35-31.5-2-106
"Drug or alcohol screening test"§ 35-31.5-2-107
"Dwelling"Cite This Page — Counsel Stack
Bluebook (online)
Indiana § 35-46-1-3, Counsel Stack Legal Research, https://law.counselstack.com/statute/in/35-46-1-3.