Idaho Code
Idaho Code

Idaho Code § 18-6601 (2026)

Incest. 

✓ current as of May 2026
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Incest. 

(1) Any person who willfully marries or engages in sexual intercourse with another person known to be within the degrees of consanguinity within which marriages are declared by law to be incestuous and void under section 32-205, Idaho Code, is guilty of a felony.

(2)  For the purposes of this section, "sexual intercourse" means genital-genital, oral-genital, anal-genital, oral-anal, manual-anal, or manual-genital penetration between persons of the same or opposite sex.
(3)  Any violations of this section are punishable by imprisonment in the state prison for a term not to exceed fifteen (15) years; however, if a victim is under the age of eighteen (18) years at the time of violation of this section, such violation is punishable by imprisonment in the state prison for a term not to exceed life.
Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1979–2023 · leading case: City of Sherman v. Henry, 928 S.W.2d 464 (Tex. 1996).
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City of Sherman v. Henry, 928 S.W.2d 464 (Tex. 1996). “§ 16-6-19 (1988); Idaho Code § 18-6601 (1987); III. Rev. Stat.”
Succession of Thompson, 367 So. 2d 796 (La. 1979). “§ 26-2009 (adultery) and 26-2010 (fornication); Idaho Code §§ 18-6601 (adultery), 18-6603 (fornication) and 18-6604 (lewd cohabitation); Illinois Ann.”
Neal v. Neal, 873 P.2d 881 (Idaho Ct. App. 1994). · cites it 4× “§ 32-901, which provides that a spouse has a marital duty of fidelity, and I.C. § 18-6601, which provides a criminal penalty for adultery, and therefore cannot be judicially abolished.”
State v. Haggard, 190 P.3d 193 (Idaho Ct. App. 2008). · cites it 2× “Burglary, on the other hand, does not provide for any options other than imprisonment in the state prison.”
Planned Parenthood Great Nw. v. State (Idaho 2023). · cites it 4× “§§ 18-5601 to -5631 (prohibiting prostitution); I.C. §§ 18-6601 to -6605 (prohibiting incest, sexual abuse of an animal, sexual abuse of human remains, and video voyeurism); I.”
State v. Elias (Idaho Ct. App. 2013). · cites it 2× “See I.C. §§ 18-6601−18-6609; ICJI 921. Although our appellate courts have not interpreted the meaning of force within section 18-6608, we have defined it in the context of rape.”
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