Incest in the third degree · as in force on May 31, 2026
§ 255.25 Incest in the third degree.
A person is guilty of incest in the third degree when he or she marries or engages in vaginal sexual contact, oral sexual contact or anal sexual contact with a person whom he or she knows to be related to him or her, whether through marriage or not, as an ancestor, descendant, brother or sister of either the whole or the half blood, uncle, aunt, nephew or niece.
Incest in the third degree is a class E felony.
Marrying or having vaginal, oral, or anal sexual contact with someone the person knows is, by blood or marriage, an ancestor, descendant, whole- or half-sibling, uncle, aunt, nephew, or niece is third-degree incest, a class E felony. ★
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 4 — The Court Clerk: Penal Law; Volume 1 — The Court Officer in Plain English; Volume 3 — The Court Officer: Penal Law; Volume 3 — Your Career: Penal Law in Plain English.