New York statute
N.Y. Penal Law § 255.26 — Incest in the second degree
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 255: Offenses Affecting the Marital Relationship, New York Penal Law.
Criminal charges under this statute
Full text of N.Y. Penal Law § 255.26
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
255.26 Incest in the second degree.
A person is guilty of incest in the second degree when he or she
commits the crime of rape in the second degree, as defined in section
130.30 of this part, or a crime formerly defined in section 130.45 of
this part, against a person whom he or she knows to be related to him or
her, whether through marriage or not, as an ancestor, descendant,
brother or sister of either the whole or the half blood, uncle, aunt,
nephew or niece.
Incest in the second degree is a class D felony.
Official sources
Legal terms used in this section
Questions this section answers
What class of felony is incest in the second degree in New York?
Incest in the second degree is a Class D Felony in New York under N.Y. Penal Law § 255.26.
Which New York statute covers incest in the second degree?
Incest in the second degree is governed by N.Y. Penal Law § 255.26 (Incest in the second degree).
This reference is informational and is not legal advice.