The Criminal Nature of Incest
You may already know that incest is a cultural taboo and frowned upon due to the potential for birth defects between partners engaged in incest, but it is important to point out that incest is also considered a crime in California. According to California Penal Code Section 285, a person found guilty of committing incest can face a felony and register as a sex offender. If you have been accused of incest, you should immediately seek the counsel of an experienced criminal attorney. the legal and social ramifications of the criminal nature of incest can last a lifetime.
The Elements of the Crime – Incest
For the purpose of the criminal code, incest includes both sexual intercourses between close family members as well as marriage. However, it is only considered incest if it occurs within relationships defined as incestuous by the law: ancestors and descendants, parents and their children, siblings (half-siblings fall under this, as well), and those considered uncles or aunts in relation to a niece or a nephew. In order to be found guilty, the prosecutor must prove that the defendant and the other family member were both 14 years old at the time of the act, the defendant engaged in consensual sexual intercourse or marriage with the other person, and the defendant and other individual were considered to be an incestuous relationship, as defined above. Furthermore, the two people must have been aware of the fact that they were close family members.
Penalties for Committing the Crime
Incest is a serious crime in California and carries severe punishments. Those found guilty of the crime face a felony conviction that requires spending up to three years in a state prison facility and serving probation. Furthermore, it is important to note that those convicted of incest must register for at least 20 years as a sex offender. All of these penalties are severe and life-altering. If you have any questions, please reach out to us at Law Advocates Group.