What You Need To Know About Incest
In Pennsylvania it is against the law to knowingly marry, cohabit with or have sexual intercourse with:
- An ancestor or descendant, such as a parent or child
- A brother or sister, including half-brothers and half-sisters
- An uncle or aunt
- A nephew or niece
These do not have to be blood relationships. For example, it is incest if a father has sex with an adopted daughter even if they do not share any blood connection.
It is not incest to have sex with a cousin.
If you are charged with incest you are facing a felony in the second degree and you can be sentenced to as many as 10 years in prison. You may also be registered as a sex offender.
Incest and Pennsylvania Marriage Laws
Pennsylvania does not allow close relatives to marry. Relationships that are not able to obtain a marriage license:
- Parents and children
- Grandparents and grandchildren
- Brothers and sisters
- Aunts and nephews
- Uncles and niece
- First cousins
What To Do If You Are Charged with Incest
If you are charged with an incest offense, do not anger the arresting officer unnecessarily. At this stage, do not discuss what happened with the police or assert your innocence.
- As with most criminal charges, you should not talk to the police or prosecutors without your attorney by your side. What you say can be taken out of context and used against you.
- If the police question you, tell them you want a lawyer and politely refuse to answer their questions.
What Your Lawyer Can Do
Your attorney will carefully review every aspect of your case to determine if there is evidence for all you have been accused of.
- Your attorney will investigate very closely to see if there is any evidence that will prove your claims.
- Your lawyer will make every effort to discredit any evidence against you.
- If the case comes to trial, your lawyer will try to have witnesses testify who can confirm that no one was hurt or harmed by the incestuous relationship.
Your lawyer will be looking at every avenue that can help you, so it’s important that you give them all of the information that can support your case.
How a PA Incest Attorney Will Help
When you are up against an incest charge, even before your first hearing you will be facing both a determined prosecutor and community condemnation. You need an attorney who will stand by you every step of the way, work hard to discredit any evidence – and help you determine your best course of action.
Pennsylvania Incest Law
Incest is described and defined under The Pennsylvania Criminal Code under Title 18, Chapter 31. Read the code here.
Questions? Contact us today.
Based on the evidence, Fienman Defense will try to show that the charges should be dismissed. If it’s in your best interest, we will work to negotiate a lesser sentence. Should the case go to trial, we will fight to present the strongest defense possible for your situation.