Incest in the first degree · as in force on May 31, 2026
§ 255.27 Incest in the first degree.
A person is guilty of incest in the first degree when he or she commits the crime of rape in the first degree, as defined in paragraph (c) or (d) of subdivision one, paragraph (c) or (d) of subdivision two or paragraph (c) or (d) of subdivision three of section 130.35 of this part, rape in the first degree as defined in former subdivision three or four of section 130.35 of this part, or a crime formerly defined in subdivision three or four of section 130.50 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 half blood, uncle, aunt, nephew or niece.
Incest in the first degree is a class B felony.
Committing first-degree rape under § 130.35(1)(c) or (d), (2)(c) or (d), or (3)(c) or (d), former § 130.35(3) or (4), or a crime formerly defined in § 130.50(3) or (4) against someone the person knows is, by blood or marriage, an ancestor, descendant, whole- or half-sibling, uncle, aunt, nephew, or niece is first-degree incest, a class B 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.