Cal. Codes » Penal Code / PART 1. OF CRIMES AND PUNISHMENTS / TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS / CHAPTER 5. Bigamy, Incest, and the Crime Against Nature
California Codes

Cal. Penal Code § 285 (2026)

✓ current as of May 2026
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Persons being within the degrees of consanguinity within which marriages are declared by law to be incestuous and void, who intermarry with each other, or who being 14 years of age or older, commit fornication or adultery with each other, are punishable by imprisonment in the state prison.

Notes of Decisions
Cited in 31 cases (4 in the last 5 years), 1910–2025 · leading case: People v. Tobias, 21 P.3d 758 (Cal. 2001).
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People v. Tobias, 21 P.3d 758 (Cal. 2001). · cites it 10× “In this case, we decide whether a child under 18 who has a consensual sexual relationship with a parent is, like the parent, guilty of incest (Pen.Code, § 285) [1] and therefore an accomplice to the parent's crime, whose testimony against the parent is subject to the cautionary…”
People v. Gordon, 165 Cal. App. 3d 839 (Cal. Ct. App. 1985). · cites it 2× “421-423 [defendant charged with one count of incest (Pen. Code, § 285) and the minor testified to acts of intercourse regularly between February and July and the minor's brother, who provided defense testimony, moved into the house in May].”
People v. Barney, 143 Cal. App. 3d 490 (Cal. Ct. App. 1983). · cites it 3× “Defendant was convicted by a jury of one act of incest with his daughter (Pen. Code, § 285) and two lewd acts upon the body of his granddaughter, a child under the age of 14 years (Pen.”
Commonwealth v. Barnett, 50 A.3d 176 (Pa. 2012). “Cal-Penal Code § 285. . The trial court opinion listed the grading of the offenses for which Appellant was convicted as follows: indecent contact (B.”
People v. Deletto, 147 Cal. App. 3d 458 (Cal. Ct. App. 1983). “421-423 [defendant charged with one count of incest (Pen. Code, § 285) and the minor testified to acts of intercourse regularly between February and July and the minor’s brother, who provided defense testimony, moved into the house in May].”
Commonwealth v. Rahim, 805 N.E.2d 13 (Mass. 2004). “§ 25-101 (West 2000); Cal. Penal Code § 285 (West 1999); Cal. Fam.”
Leszinske v. Poole, 798 P.2d 1049 (N.M. Ct. App. 1990). · cites it 2× “Section 30-10-3 makes incest a crime: "Incest consists of knowingly intermarrying or having sexual intercourse with persons within the following degrees of consanguinity: * * * uncles and nieces * * *.”
Marsha v. v. GARDNER, 91 Cal. Daily Op. Serv. 3925 (Cal. Ct. App. 1991). · cites it 2× “" Although the effect of respondent's alleged conduct on appellant may be comparable to or even indistinguishable from incest, the term is inaccurate.”
People v. Scott, 68 Cal. Rptr. 3d 592 (Cal. Ct. App. 2007). · cites it 2× “Code, § 2200; Pen. Code, § 285.) Thus, Penal Code section 285 serves the state’s legitimate interest in protecting against inbreeding, as well as its legitimate interests in protecting the integrity of the family unit and protecting persons who may not be in a position to freely…”
People v. Barocio, 216 Cal. App. 3d 99 (Cal. Ct. App. 1989). “(a)) and one count of incest (Pen. Code, § 285). 1 Before he pleaded, he was advised pursuant to section 1016.”
People v. Johnson, 441 P.2d 111 (Cal. 1968). “…instructed that defendant could be found guilty of incest only if he had actual sexual intercourse with Elaine. (Pen. Code, § 285.)”
Perez v. Sharp, 198 P.2d 17 (Cal. 1948). “The underlying factors that constitute justification for laws against miscegenation closely parallel those which sustain the validity of prohibitions against incest and incestuous marriages (Pen. Code, § 285; Civ. Code, § 59; 42 C.J.”
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