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Virginia statute

Va. Code Ann. § 18.2-366 — Sexual intercourse by persons forbidden to marry; incest; penalties

Current through 2026 Regular Session

Part of Article 4: Family Offenses; Crimes Against Children, Etc, Code of Virginia.

Criminal charges under this statute

Full text of Va. Code Ann. § 18.2-366

Statutory text current through the 2026 Regular Session. This publication reproduces the text of the Code of Virginia from the official Virginia Law Portal API published by the Virginia General Assembly's Division of Legislative Automated Systems; it is not the official Code of Virginia.

Va. Code Ann. § 18.2-366Primary source, current through the 2026 Regular Session
A. Any person who engages in sexual intercourse with any person whom he is forbidden by law to marry is guilty of a Class 1 misdemeanor except as provided by subsection B. B. Any person who engages in sexual intercourse with his daughter or granddaughter, son or grandson, or father or mother is guilty of a Class 5 felony. However, if a parent or grandparent engages in sexual intercourse with his child or grandchild, and such child or grandchild is at least 13 years of age but less than 18 years of age at the time of the offense, such parent or grandparent is guilty of a Class 3 felony. C. For the purposes of this section, parent includes stepparent, grandparent includes step-grandparent, child includes a stepchild, and grandchild includes a step-grandchild.

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Legal terms used in this section

Questions this section answers

Is sexual intercourse by persons forbidden to marry a felony or a misdemeanor in Virginia?

It depends on the circumstances: sexual intercourse by persons forbidden to marry ranges from a class 1 misdemeanor to a class 3 felony in Virginia under Va. Code Ann. § 18.2-366.

Sexual intercourse with person forbidden to marry (general): class 1 misdemeanor (Va. Code Ann. § 18.2-366A) · Incest with child or grandchild (adult victim): class 5 felony (Va. Code Ann. § 18.2-366B) · Incest with minor child or grandchild (13-17): class 3 felony (Va. Code Ann. § 18.2-366B)

Which Virginia statute covers sexual intercourse by persons forbidden to marry?

Sexual intercourse by persons forbidden to marry is governed by Va. Code Ann. § 18.2-366 (Sexual intercourse by persons forbidden to marry; incest; penalties).

This reference is informational and is not legal advice.