Florida Statutes
Fla. Stat. § 826.04 (2025)
Incest.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
826.04 Incest.—Whoever knowingly marries or has sexual intercourse with a person to whom he or she is related by lineal consanguinity, or a brother, sister, uncle, aunt, nephew, or niece, commits incest, which constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. “Sexual intercourse” is the penetration of the female sex organ by the male sex organ, however slight; emission of semen is not required.
Arrestable Offenses under F.S. 826.04
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§826.04SEX OFFENSEINCEST
Notes of Decisions
Cited in 41
cases (1 in the last 5 years), 1977–2023 · leading case: Gary G. Debaun v. State of Florida, 213 So. 3d 747 (Fla. 2017).
Gary G. Debaun v. State of Florida, 213 So. 3d 747 (Fla. 2017). “(alteration in original) (quoting § 826.04, Fla. Stat. (2008)). Based on this definition, the Second District concluded that the Legislature’s use of the term “sexual intercourse within section 384.”
Seagrave v. State, 802 So. 2d 281 (Fla. 2001). “Relevant for this case, Category 2 encompassed sexual offenses contained in chapters 794 and 800 and section 826.04. See id. at 850 . [9] Unlike the scoresheet forms for the other eight categories of offense, this form provides that extra points for "Victim Injury (physical)"…”
Beam v. State, 1 So. 3d 331 (Fla. 5th DCA 2009). “The issue we address is whether a defendant may be convicted of the crime of incest as proscribed by section 826.04, Florida Statutes, when the victim was 18 years of age and was adopted by the defendant.”
Slaughter v. State, 538 So. 2d 509 (Fla. 1st DCA 1989). “Count VIII incest (Section 826.04, Florida Statutes (1985)).”
Florida Bar: Amendment to Rules of Crim. Procedure, 451 So. 2d 824 (Fla. 1984). “1931(2) Category 2: Sexual offenses: Chapters 794 and 800 and section 826.04 Category 3: Robbery: Section 812.”
Carnes v. State, 725 So. 2d 417 (Fla. 2d DCA 1999). “Appellant asserts that the incest statute, section 826.04, Florida Statutes (1995), does not apply to half-siblings.”
In re Rules of Crim. Procedure, 439 So. 2d 848 (Fla. 1983). “1931(2) Category 2: Sexual offenses: Chapters 794 and 800 and section 826.04 Category 3: Robbery: Section 812.”
Florida Bar Re: Rules of Crim. Procedure, 482 So. 2d 311 (Fla. 1985). “1931(2), and section 327,351(2) Category 2: Sexual offenses: Chapters 794 and 800 and section 826.04 Category 3: Robbery: Section 812.”
Huckaby v. State, 343 So. 2d 29 (Fla. 1977). “74-383, Laws of Florida, but now appears in altered form as Section 826.04, Fla. Stat. (1975). [5] Huckaby cites several cases in which incest was charged for conduct over a course of years.”
Florida Rules of Crim. Procedure Re: Sentencing Guidelines, 522 So. 2d 374 (Fla. 1988). “351(2) Category 2: Sexual offenses: Chapters 794 and 800 and section 826.04 Category 3: Robbery: Section 812.”
In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-04., 257 So. 3d 370 (Fla. 2018). “[married (victim)]. [had sexual intercourse with (victim)].”
Renee B. v. Fl. Agency for Health Care, 790 So. 2d 1036 (Fla. 2001). “(1993)) or incest (as defined in Section 826.04, F.S., (1993)). The attending physician must complete the abortion certification form, as found in the Medicaid Reimbursement Handbook.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.