Ind. Code » Title 35
Indiana Code

Ind. Code § 35-46-1-3 (2026)

Incest

✓ current as of May 2026
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     Sec. 3. (a) A person eighteen (18) years of age or older who engages in sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5) with another person, when the person knows that the other person is related to the person biologically as a parent, child, grandparent, grandchild, sibling, aunt, uncle, niece, or nephew, commits incest, a Level 5 felony. However, the offense is a Level 4 felony if the other person is less than sixteen (16) years of age.

     (b) It is a defense that the accused person's otherwise incestuous relation with the other person was based on their marriage, if the marriage was valid where it was entered into.

As added by Acts 1976, P.L.148, SEC.6. Amended by Acts 1977, P.L.340, SEC.86; P.L.158-1987, SEC.5; P.L.79-1994, SEC.16; P.L.158-2013, SEC.549.

 

Notes of Decisions
Cited in 63 cases (3 in the last 5 years), 1980–2025 · leading case: Sargent v. State, 875 N.E.2d 762 (Ind. Ct. App. 2007).
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Sargent v. State, 875 N.E.2d 762 (Ind. Ct. App. 2007). · cites it 4× “Ind.Code § 35-46-1-3. We affirm. Sargent raises three issues for our review.”
Baxter v. State, 522 N.E.2d 362 (Ind. 1988). · cites it 4× “), and two counts of incest, a class D felony, Ind. Code § 35-46-1-3 (Burns 1985 Repl.).”
McGhee v. State, 899 N.E.2d 35 (Ind. Ct. App. 2008). · cites it 8× “McGhee (McGhee), appeals his conviction for incest, as a Class C felony, Ind.Code § 35-46-1-3. We reverse and remand.”
McVey v. State, 863 N.E.2d 434 (Ind. Ct. App. 2007). · cites it 2× “§ 35-42-4-3(b); and Count V, incest, a Class B felony, I.C. § 35-46-1-3. On February 18, 2003, McVey filed his Motion to Suppress Statements made during his non-stipulated polygraph, which was subsequently denied by the trial court after a pretrial hearing and again at trial.”
Snider v. State, 412 N.E.2d 230 (Ind. 1980). · cites it 4× “); and two counts of incest, a class D felony, Ind.Code § 35-46-1-3 (Burns 1979 Repl.). He was sentenced to fifty years for the class A felony, twenty years for the class B felony, and four years for each of the class D felonies, all sentences to run consecutively.”
Kyle Pavan v. State of Indiana, 64 N.E.3d 231 (Ind. Ct. App. 2016). · cites it 4× “Ind.Code § 35-46-1-3 (2007). 3 Notably, the statute contains no element of force, nor does it set forth any maximum age for the perpetrator or victim.”
Tracy D. Guffey v. State of Indiana, 42 N.E.3d 152 (Ind. Ct. App. 2015). · cites it 4× “21); see also I.C. §§ 35-46-1-3; 35-41-2-4; 35-41-5-1. At trial, the State relied on the evidence that Guffey had gotten Mize to agree to have sex with her son and that she went to the liquor store to buy vodka to give him to make him more comfortable.”
Commonwealth v. Rahim, 805 N.E.2d 13 (Mass. 2004). · cites it 2× “§ 707-741 (1993); Idaho Code § 18-6602 (Lexis 1997); Idaho Code § 32-205 (Michie 1996); Ind. Code Ann. § 35-46-1-3 (Lexis 1998); Kan.”
Kristopher L. Weida v. State of Indiana, 94 N.E.3d 682 (Ind. 2018). · cites it 2× “The State accordingly charged Weida with Level 5 felony incest ( Ind. Code § 35-46-1-3 ) and he pleaded guilty without an agreement on sentencing terms.”
William D. Bradley v. State of Indiana, 113 N.E.3d 742 (Ind. Ct. App. 2018). · cites it 2× “3 I.C. § 35-46-1-3(a). As the "evidentiary footprints" of each of Bradley's four convictions were not the same, his convictions do not run afoul of Article 1, Section 14.”
Craig v. State, 630 N.E.2d 207 (Ind. 1994). · cites it 2× “Code § 35-42-4-3 (a), a Class B felony, and Incest, I.C. § 35-46-1-3, a Class D felony, by having sexual contact with his son.”
Doe v. O'connor, 790 N.E.2d 985 (Ind. 2003). · cites it 2× “Code § 35-42-4-9); incest ( Ind. Code § 35-46-1-3 ); sexual battery (Ind.”
Show all 63 citing cases →
— Ind. Code § 35-46-1-3(a) — 9 cases
Sargent v. State, 875 N.E.2d 762 (Ind. Ct. App. 2007). “Ind.Code § 35-46-1-3. We affirm. Sargent raises three issues for our review.”
William D. Bradley v. State of Indiana, 113 N.E.3d 742 (Ind. Ct. App. 2018). “3 I.C. § 35-46-1-3(a). As the "evidentiary footprints" of each of Bradley's four convictions were not the same, his convictions do not run afoul of Article 1, Section 14.”
Acuna v. State, 581 N.E.2d 961 (Ind. Ct. App. 1991).
Winters v. State, 727 N.E.2d 758 (Ind. Ct. App. 2000).
JASON GIBBS v. State of Indiana (Ind. Ct. App. 2023).
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