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