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Florida statute

Fla. Stat. § 826.04 — Incest

Current through 2025 Florida Statutes

Part of Chapter 826: Bigamy; Incest, Florida Statutes.

Criminal charges under this statute

Full text of Fla. Stat. § 826.04

Statutory text current through the 2025 Florida Statutes. This publication reproduces the official statutory text; it is not the official statutes of the State of Florida.

Fla. Stat. § 826.04Primary source, current through the 2025 Florida Statutes
Whoever knowingly marries or has sexual intercourse with a person to whom he or she is related by lineal consanguinity, or a brother, sister, uncle, aunt, nephew, or niece, commits incest, which constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. “Sexual intercourse” is the penetration of the female sex organ by the male sex organ, however slight; emission of semen is not required.

Official sources

Legal terms used in this section

Questions this section answers

Is incest a felony or a misdemeanor in Florida?

Incest is a Felony of the Third Degree in Florida under Fla. Stat. § 826.04.

Which Florida statute covers incest?

Incest is governed by Fla. Stat. § 826.04 (Incest).

This reference is informational and is not legal advice.