Code of Alabama
Ala. Code § 13A-13-3 (2026)
Incest.
✓ official Alabama Legislature (ALISON) text, current July 2026
(a) A person commits incest if he or she marries or engages in sexual intercourse with a person he or she knows to be, either legitimately or illegitimately, any of the following:
(1) His or her ancestor or descendant by blood or adoption.
(2) His or her brother or sister of the whole or half-blood or by adoption.
(3) His or her stepchild or stepparent, while the marriage creating the relationship exists.
(4) His or her aunt, uncle, nephew or niece of the whole or half-blood.
(b)(1) Incest is a Class C felony.
(2) Where the victim is under 17 years of age on the date of the offense, incest is a Class A felony.
(Acts 1977, No. 607, p. 812, §7010; Act 2023-464, §1.)
Notes of Decisions
Cited in 25
cases (1 in the last 5 years), 1986–2024 · leading case: Anonymous v. State, 507 So. 2d 972 (Ala. 1987).
Anonymous v. State, 507 So. 2d 972 (Ala. 1987). “The defendant was charged with three counts of first degree rape of one of his daughters, in violation of § 13A-6-61, Code of 1975, and also with three counts of incest with the same daughter, in violation of § 13A-13-3, Code of 1975. These charges were predicated upon three…”
Bowden v. State, 538 So. 2d 1226 (Ala. 1988). “Similarly, no specific criminal intent, other than knowledge of relationship, is required under Code of 1975, § 13A-13-3, defining the crime of incest.”
Commonwealth v. Rahim, 805 N.E.2d 13 (Mass. 2004). “These State statutes are: Ala. Code § 13A-13-3 (1994); Ark. Code Ann.”
J.D.S. v. State, 587 So. 2d 1249 (Ala. Crim. App. 1991). “Ala.Code 1975, § 13A-13-3(a)(3). Furthermore, while it is a consideration, it is not significant in this case that the appellant allegedly performed fellatio on his stepson but had his daughter perform fellatio on him.”
R.C.W. v. State, 168 So. 3d 90 (Ala. Crim. App. 2012). “Code 1975; incest, see § 13A-13-3, Ala.Code 1975; first-degree sexual abuse, see § 13A-6-66, Ala.”
State v. Hargrove, 771 P.2d 166 (N.M. 1989). “, Ala.Code § 13A-13-3 (1988); Ark.Stat.Ann.”
D.L.S. v. State, 675 So. 2d 1363 (Ala. Crim. App. 1995). “, an Alabama inmate serving a prison sentence for a 1994 conviction for incest, a violation of § 13A-13-3, Ala.Code 1975, appeals from the circuit court’s dismissal of his petition for a writ of habeas corpus, claiming that he is eligible for Class I correctional incentive time…”
R.C.W. v. State, 168 So. 3d 102 (Ala. 2014). “Code 1975; incest, see § 13A-13-3, Ala.Code 1975; first-degree sexual abuse, see § 13A-6-66, Ala.”
Naylor v. State, 108 So. 3d 1063 (Ala. Crim. App. 2012). “, whom he knew to be his stepchild, while the marriage creating that relationship existed, in violation of § 13A-13-3, Ala.Code 1975. Immediately before the trial the State moved to dismiss counts V and VI of the indictment.”
Billingsley v. State, 115 So. 3d 192 (Ala. Crim. App. 2012). “13A-6-65; indecent exposure, as proscribed by Section 13A-6-68; promoting prostitution in the first or second degree, as proscribed by Sections 13A-12-111 and 13A-12-112; obscenity, as proscribed by Section 13A-12-131; incest, as proscribed by Section 13A-13-3; or the attempt to…”
Pruitt v. State, 272 So. 3d 732 (Ala. Crim. App. 2018). “biting the dissemination or public display of obscene matter containing visual reproduction of persons under 17 years of age involved in obscene acts); § 13A-12-192 (prohibiting the possession of obscene matter containing visual reproduction of persons under 17 years of age…”
Commonwealth v. Coleman, 854 A.2d 978 (Pa. Super. Ct. 2004). “Alabama Code 13A-13-3. Nevertheless, there is no indication in the opinion that the finding of indecency hinged upon the statutory definition of incest in Alabama.”
— Ala. Code § 13A-13-3(a)(3) — 2 cases
J.D.S. v. State, 587 So. 2d 1249 (Ala. Crim. App. 1991). “Ala.Code 1975, § 13A-13-3(a)(3). Furthermore, while it is a consideration, it is not significant in this case that the appellant allegedly performed fellatio on his stepson but had his daughter perform fellatio on him.”
JDS v. State, 587 So. 2d 1249 (Ala. Crim. App. 1991).
— Ala. Code § 13A-13-3(b) — 3 cases
J.D.S. v. State, 587 So. 2d 1249 (Ala. Crim. App. 1991). “Ala.Code 1975, § 13A-13-3(a)(3). Furthermore, while it is a consideration, it is not significant in this case that the appellant allegedly performed fellatio on his stepson but had his daughter perform fellatio on him.”
JDS v. State, 587 So. 2d 1249 (Ala. Crim. App. 1991).
Rodgers v. State, 554 So. 2d 1119 (Ala. Crim. App. 1986).
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