Indiana statute
Ind. Code § 35-46-1-3 — Incest
Current through 2026 Regular Session
Part of Chapter 1: Offenses Against the Family, Indiana Code.
Criminal charges under this statute
Full text of Ind. Code § 35-46-1-3
Statutory text current through the 2026 Regular Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Indiana.
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.
Official sources
Legal terms used in this section
Questions this section answers
Is incest a felony or a misdemeanor in Indiana?
It depends on the circumstances: incest ranges from a Level 5 Felony to a Level 4 Felony in Indiana under Ind. Code § 35-46-1-3.
Incest — other person 16 or older: Level 5 Felony (Ind. Code § 35-46-1-3(a)) · Incest — other person less than 16: Level 4 Felony (Ind. Code § 35-46-1-3(a))
Which Indiana statute covers incest?
Incest is governed by Ind. Code § 35-46-1-3 (Incest).
This reference is informational and is not legal advice.