Washington criminal charge
Incest in Washington
Incest is a criminal offense under Washington law, defined by RCW 9A.64.020. Its classification is not fixed: Washington assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by RCW 9A.64.020.
What is the penalty for incest in Washington?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 10 years (Incest in the first degree — Applies when a person engages in sexual intercourse with a person known to be related as an ancestor, descendant, brother, or sister of whole or half blood.; statutory maximum (RCW 9A.20.021(1)(b)); the sentence actually imposed is set by the Sentencing Reform Act standard range (RCW 9.94A.510) from the offense's seriousness level and the defendant's offender score) | discretionary | RCW 9A.20.021 |
| Fine | up to $20,000 (Incest in the first degree — Applies when a person engages in sexual intercourse with a person known to be related as an ancestor, descendant, brother, or sister of whole or half blood.; statutory maximum, adult offenders (RCW 9A.20.021(5)); unless a different maximum is specifically established by statute) | discretionary | RCW 9A.20.021 |
| Jail / prison | up to 5 years (Incest in the second degree — Applies when a person engages in sexual contact (short of intercourse) with a person known to be related as an ancestor, descendant, brother, or sister of whole or half blood.; statutory maximum (RCW 9A.20.021(1)(c)); the sentence actually imposed is set by the Sentencing Reform Act standard range (RCW 9.94A.510) from the offense's seriousness level and the defendant's offender score) | discretionary | RCW 9A.20.021 |
| Fine | up to $10,000 (Incest in the second degree — Applies when a person engages in sexual contact (short of intercourse) with a person known to be related as an ancestor, descendant, brother, or sister of whole or half blood.; statutory maximum, adult offenders (RCW 9A.20.021(5)); unless a different maximum is specifically established by statute) | discretionary | RCW 9A.20.021 |
Applies to crimes committed on or after July 1, 1984.
How is incest classified in Washington?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Incest in the first degree | Class B Felony | Applies when a person engages in sexual intercourse with a person known to be related as an ancestor, descendant, brother, or sister of whole or half blood. | RCW 9A.64.020(1)(b) |
| Incest in the second degree | Class C Felony | Applies when a person engages in sexual contact (short of intercourse) with a person known to be related as an ancestor, descendant, brother, or sister of whole or half blood. | RCW 9A.64.020(2)(b) |
Common questions about incest in Washington
Is incest a felony or a misdemeanor in Washington?
What are the penalties for incest in Washington?
Penalties for incest in Washington depend on how it is classified — from a Class C Felony up to a Class B Felony — with the ranges set by RCW 9A.20.021; the full table of ranges by variant is published on this page.
Which Washington statute covers incest?
Incest is governed by RCW 9A.64.020 (Incest).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.