Indiana criminal charge
Incest in Indiana
Incest is a criminal offense under Indiana law, defined by Ind. Code § 35-46-1-3. Its classification is not fixed: Indiana 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 Ind. Code § 35-46-1-3.
What is the penalty for incest in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 1 years to 6 years (Incest — other person 16 or older — A person 18 or older engages in sexual intercourse or other sexual conduct with a known biological relative who is not less than sixteen (16) years of age.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Incest — other person 16 or older — A person 18 or older engages in sexual intercourse or other sexual conduct with a known biological relative who is not less than sixteen (16) years of age.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 2 years to 12 years (Incest — other person less than 16 — The offense is elevated when the other person involved in the incestuous act is less than sixteen (16) years of age.; fixed term; advisory sentence 6 years) | presumptive | Ind. Code § 35-50-2-5.5 |
| Fine | up to $10,000 (Incest — other person less than 16 — The offense is elevated when the other person involved in the incestuous act is less than sixteen (16) years of age.) | discretionary | Ind. Code § 35-50-2-5.5 |
Applies to offenses committed after June 30, 2014 (P.L.158-2013).
How is incest classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Incest — other person 16 or older | Level 5 Felony | A person 18 or older engages in sexual intercourse or other sexual conduct with a known biological relative who is not less than sixteen (16) years of age. | Ind. Code § 35-46-1-3(a) |
| Incest — other person less than 16 | Level 4 Felony | The offense is elevated when the other person involved in the incestuous act is less than sixteen (16) years of age. | Ind. Code § 35-46-1-3(a) |
Common questions about incest in Indiana
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))
What are the penalties for incest in Indiana?
Penalties for incest in Indiana depend on how it is classified — from a Level 5 Felony up to a Level 4 Felony — with the ranges set by Ind. Code § 35-50-2-6 and Ind. Code § 35-50-2-5.5; the full table of ranges by variant is published on this page.
Which Indiana statute covers incest?
Incest is governed by Ind. Code § 35-46-1-3 (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.