Incest in the second degree · as in force on May 31, 2026
§ 255.26 Incest in the second degree.
A person is guilty of incest in the second degree when he or she commits the crime of rape in the second degree, as defined in section 130.30 of this part, or a crime formerly defined in section 130.45 of this part, against 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 second degree is a class D felony.
Committing second-degree rape under § 130.30, or a crime formerly defined in § 130.45, against someone the person knows is, by blood or marriage, an ancestor, descendant, whole- or half-sibling, uncle, aunt, nephew, or niece is second-degree incest, a class D 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.