§ 4302.  Incest.

(a)  General rule.--Except as provided under subsection (b), a person is guilty of incest, a felony of the second degree, if that person knowingly marries or cohabits or has sexual intercourse with an ancestor or descendant, a brother or sister of the whole or half blood or an uncle, aunt, nephew or niece of the whole blood.

(b)  Incest of a minor.--A person is guilty of incest of a minor, a felony of the second degree, if that person knowingly marries, cohabits with or has sexual intercourse with a complainant who is an ancestor or descendant, a brother or sister of the whole or half blood or an uncle, aunt, nephew or niece of the whole blood and:

(1)  is under the age of 13 years; or

(2)  is 13 to 18 years of age and the person is four or more years older than the complainant.

(c)  Relationships.--The relationships referred to in this section include blood relationships without regard to legitimacy, and relationship of parent and child by adoption.

(Nov. 17, 1989, P.L.592, No.64, eff. 60 days; Mar. 31, 1995, 1st Sp.Sess., P.L.985, No.10, eff. 60 days; Dec. 20, 2011, P.L.446, No.111, eff. 60 days)

 

Cross References.  Section 4302 is referred to in sections 3104, 5702, 9158 of this title; sections 4321, 5329, 6303, 6344, 6702 of Title 23 (Domestic Relations); sections 5551, 5552, 5920, 5985.1, 5993, 6358, 6402, 6403, 9718.1, 9799.14, 9799.24, 9799.55, 9799.58, 9802 of Title 42 (Judiciary and Judicial Procedure); section 2303 of Title 44 (Law and Justice); sections 4503, 4601, 6137.1, 6139 of Title 61 (Prisons and Parole); section 3113 of Title 63 (Professions and Occupations (State Licensed)).