Ariz. Rev. Stat. » Title 13
Arizona Revised Statutes

Ariz. Rev. Stat. § 13-3608 (2026)

Incest; classification

✓ current as of May 2026
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Persons who are eighteen or more years of age and are within the degrees of consanguinity within which marriages are declared by law to be incestuous and void, who knowingly intermarry with each other, or who knowingly commit fornication or adultery with each other are guilty of a class 4 felony.

Notes of Decisions
Cited in 14 cases (1 in the last 5 years), 1982–2021 · leading case: State v. Lindsey, 720 P.2d 73 (Ariz. 1986).
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State v. Lindsey, 720 P.2d 73 (Ariz. 1986). · cites it 2× “A.R.S. §§ 13-3608 and 13-3553. He was sentenced to concurrent terms of imprisonment: five and eight years for the incest counts and 21 years for each count of sexual exploitation.”
Spencer v. Coconino Cnty. Superior Court, 667 P.2d 1323 (Ariz. 1983). · cites it 4× “The indictment charges incest and child molestation in the following language: Count I From July, 1979 through January, 1983, KENNETH RICHARD SPENCER, and Kandy Spencer persons within the degrees of consaguintity [sic] within [which] marriages are declared by [law] to be…”
State v. Wilhite, 772 P.2d 582 (Ariz. Ct. App. 1989). · cites it 2× “The latter provides: § 13-3608: Persons who are fifteen or more years of age and are within the degrees of consanguinity within which marriages are declared by law to be incestuous and void, who knowingly intermarry with each other, or who knowingly commit fornication or…”
Commonwealth v. Rahim, 805 N.E.2d 13 (Mass. 2004). “450 (LexisNexis 2002); Ariz. Rev. Stat. Ann. § 13-3608 (West 2001); Ariz.”
In Re the Appeal in Cochise Cnty. Juv. Action No. 5666-J, 650 P.2d 459 (Ariz. 1982). “…as provided in § 13-3552, commercial sexual exploitation of a minor as provided in § 13-3553 or incest as provided in § 13-3608.” It is noteworthy that the current definition of abuse lacks the phrase “failing to maintain reasonable care” upon which the Court of Appeals relied…”
State v. Beck, 726 P.2d 227 (Ariz. Ct. App. 1986). · cites it 2× “Appellant was found guilty by a jury of one count of incest in violation of A.R.S. § 13-3608, a class 4 felony. He was sentenced to an aggravated term of five years.”
Spencer v. Coconino Cty. Super. Ct., Div. 3, 667 P.2d 1323 (Ariz. 1983). · cites it 4× “The indictment charges incest and child molestation in the following language: Count I "From July, 1979 through January, 1983, KENNETH RICHARD SPENCER, and Kandy Spencer persons within the degrees of consaguintity [sic] within [which] marriages are declared by [law] to be…”
Ghassemi v. Ghassemi, 998 So. 2d 731 (La. Ct. App. 2008). “[35] See Ariz.Rev.Stat. Ann. § 13-3608; 720 Ill. Comp.”
United States v. Michael Yazzie, United States of Am. v. Leslie Chee, 693 F.2d 102 (9th Cir. 1982). “Appellants’ acts constituted incest under Arizona law, Ariz.Rev.Stat. §§ 13-3608, 25-101, but would not have constituted incest under New Mexico law, N.”
L.A.R. v. Ludwig, 821 P.2d 291 (Ariz. Ct. App. 1991). “e grounds to believe that a minor is or has been the victim of injury, sexual abuse pursuant to § 13-1404, sexual conduct with a minor pursuant to § 13-1405, sexual assault pursuant to § 13-1406, molestation of a child pursuant to § 13-1410, commercial sexual exploitation of a…”
In Re the Appeal in Maricopa Cnty. Juv. Action Nos. JS-4118/JD-529, 656 P.2d 1268 (Ariz. Ct. App. 1982). “…as provided in § 13-3552, commercial sexual exploitation of a minor as provided in § 13-3553 or incest as provided in § 13-3608.”
State v. Salzman, 679 P.2d 544 (Ariz. Ct. App. 1984). “and shall include inflicting or allowing sexual abuse as provided in § 13-1404, sexual conduct with a minor as provided in § 13-1405, sexual assault as provided in § 13-1406, molestation of a child as provided in § 13-1410, commercial sexual exploitation of a minor as provided…”
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