Incest

Incest (Prohibited Sexual Conduct) in Texas: Legal Definition, Penalties, and Considerations

In Texas, incest is legally addressed under the statute titled “Prohibited Sexual Conduct” (Texas Penal Code §25.02). This law criminalizes certain sexual relationships between family members, regardless of consent, and applies to both blood relatives and those related by adoption or marriage.

Legal Definition of Prohibited Sexual Conduct

According to Texas Penal Code §25.02, an individual commits an offense if they engage in sexual intercourse or deviate sexual intercourse with another person whom they know to be, without regard to legitimacy:(WomensLaw.org)

1. Their ancestor or descendant by blood or adoption;(WomensLaw.org)

2. Their current or former stepchild or stepparent;(WomensLaw.org)

3. Their parent’s brother or sister (uncle or aunt) of the whole or half blood;(Texas Statutes)

4. Their brother or sister of the whole or half blood or by adoption;(WomensLaw.org)

5. The children of their brother or sister (nieces or nephews) of the whole or half blood or by adoption;(Texas Statutes)

6. The son or daughter of their aunt or uncle (first cousins) of the whole or half blood or by adoption.

The statute defines “sexual intercourse” as any penetration of the female sex organ by the male sex organ, and “deviate sexual intercourse” as any contact between the genitals of one person and the mouth or anus of another person with intent to arouse or gratify sexual desire.(Texas Statutes)

Penalties for Prohibited Sexual Conduct

The severity of the offense under Texas law depends on the nature of the familial relationship:

• Second-Degree Felony: Engaging in prohibited sexual conduct with an ancestor or descendant (e.g., parent or child) is classified as a second-degree felony. This offense is punishable by 2 to 20 years in prison and a fine of up to $10,000.

• Third-Degree Felony: Engaging in prohibited sexual conduct with other specified relatives, such as siblings, aunts, uncles, nieces, nephews, or step-relations, is classified as a third-degree felony. This offense carries a penalty of 2 to 10 years in prison and a fine of up to $10,000.

It’s important to note that consent is not a defense to this charge; even consensual sexual relationships between prohibited relatives are considered criminal offenses under Texas law.

Statute of Limitations

In Texas, the statute of limitations for Prohibited Sexual Conduct is three years. This means that legal proceedings must be initiated within three years from the date of the alleged offense.

Legal Considerations and Defense

Facing charges under the Prohibited Sexual Conduct statute is a serious matter with significant legal consequences. Defenses may vary depending on the specifics of the case, but it’s crucial to consult with an experienced criminal defense attorney to explore all available legal options.

Contact Wilkerson & Campbell, PLLC

If you or someone you know is facing charges related to Prohibited Sexual Conduct in Texas, it’s essential to seek experienced legal representation. Wilkerson & Campbell, PLLC specializes in criminal defense and is committed to protecting your rights.

• Phone: 844-849-9789

• Address: 2201 Main Street, Suite 206, Dallas, TX 75201