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Kansas Statutes Annotated

K.S.A. § 21-5604 (2026)

Incest; aggravated incest

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21-5604. Incest; aggravated incest. (a) Incest is marriage to or engaging in otherwise lawful sexual intercourse or sodomy, as defined in K.S.A. 21-5501, and amendments thereto, with a person who is 18 or more years of age and who is known to the offender to be related to the offender as any of the following biological relatives: Parent, child, grandparent of any degree, grandchild of any degree, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece.

(b) Aggravated incest is:

(1) Marriage to a person who is under 18 years of age and who is known to the offender to be related to the offender as any of the following biological, step or adoptive relatives: Child, grandchild of any degree, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece; or

(2) engaging in the following acts with a person who is 16 or more years of age but under 18 years of age and who is known to the offender to be related to the offender as any of the following biological, step or adoptive relatives: Child, grandchild of any degree, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece:

(A) Otherwise lawful sexual intercourse or sodomy as defined by K.S.A. 21-5501, and amendments thereto; or

(B) any lewd fondling, as described in subsection (a)(1) of K.S.A. 21-5506, and amendments thereto.

(c) (1) Incest is a severity level l0, person felony.

(2) Aggravated incest as defined in:

(A) Subsection (b)(2)(A) is a:

(i) Severity level 5, person felony, except as provided in subsection (c)(2)(A)(ii); and

(ii) severity level 3, person felony if the victim is the offender's biological, step or adoptive child; and

(B) subsection (b)(1) or (b)(2)(B) is a severity level 7, person felony.

History: L. 2010, ch. 136, § 81; L. 2012, ch. 150, § 6; July 1.

Notes of Decisions
Cited in 8 cases (3 in the last 5 years), 2013–2023 · leading case: State v. Breeden, 304 P.3d 660 (Kan. 2013).
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State v. Breeden, 304 P.3d 660 (Kan. 2013). · cites it 4× “21-3602, prior to its repeal, or subsection (a) of K.S.A. 2012 Supp. 21-5604, and amendments thereto; (5) aggravated incest, as described in K.”
State v. Toothman, 448 P.3d 1039 (Kan. 2019). · cites it 4× “See K.S.A. 2011 Supp. 21-5604(b)(2)(A) (aggravated incest requiring "[o]therwise lawful sexual intercourse or sodomy" with a niece who is "16 or more years of age but under 18 years of age").”
State v. Scheetz, 524 P.3d 424 (Kan. Ct. App. 2023). · cites it 6× “21-3602, prior to its repeal, or K.S.A. 2021 Supp. 21-5604(a), and amendments thereto; or aggravated incest, as described in K.”
John Doe v. M.J., 508 P.3d 368 (Kan. 2022). “21-3603, prior to its repeal, or subsection (b) of K.S.A. 21-5604, and amendments thereto; or any prior laws of this state of similar effect at the time the act was committed.”
Cheney v. Poore, 339 P.3d 1220 (Kan. 2014). “In re Marriage of Taylor, 2012 WL 1352867 , at *2; see K.S.A. 2013 Supp. 21-5604(b) (aggravated incest statute specifically including biological, step or adoptive relatives, and half siblings); K.”
John Doe v. M.J., 482 P.3d 596 (Kan. Ct. App. 2021). “21-3603, prior to its repeal, or subsection (b) of K.S.A. 2019 Supp. 21-5604, and amendments thereto; or any prior laws of this state of similar effect at the time the act was committed.”
State v. Wood, 462 P.3d 202 (Kan. Ct. App. 2020). “1 FACTUAL AND PROCEDURAL BACKGROUND In 2016, the State charged Wood with aggravated incest in violation of K.S.A. 2015 Supp. 21-5604(b)(2)(A), a severity level 5 offense.”
State v. St. John, 444 P.3d 1015 (Kan. Ct. App. 2019). “Aggravated incest under K.S.A. 2017 Supp. 21-5604(b) ; 8. Aggravated human trafficking under K.”
K.S.A. § 21-5604(a): 1 case
State v. Scheetz, 524 P.3d 424 (Kan. Ct. App. 2023). “21-3602, prior to its repeal, or K.S.A. 2021 Supp. 21-5604(a), and amendments thereto; or aggravated incest, as described in K.”
K.S.A. § 21-5604(b): 3 cases
State v. Scheetz, 524 P.3d 424 (Kan. Ct. App. 2023). “21-3602, prior to its repeal, or K.S.A. 2021 Supp. 21-5604(a), and amendments thereto; or aggravated incest, as described in K.”
Cheney v. Poore, 339 P.3d 1220 (Kan. 2014). “In re Marriage of Taylor, 2012 WL 1352867 , at *2; see K.S.A. 2013 Supp. 21-5604(b) (aggravated incest statute specifically including biological, step or adoptive relatives, and half siblings); K.”
State v. St. John, 444 P.3d 1015 (Kan. Ct. App. 2019). “Aggravated incest under K.S.A. 2017 Supp. 21-5604(b) ; 8. Aggravated human trafficking under K.”
K.S.A. § 21-5604(b)(2)(A): 2 cases
State v. Toothman, 448 P.3d 1039 (Kan. 2019). “See K.S.A. 2011 Supp. 21-5604(b)(2)(A) (aggravated incest requiring "[o]therwise lawful sexual intercourse or sodomy" with a niece who is "16 or more years of age but under 18 years of age").”
State v. Wood, 462 P.3d 202 (Kan. Ct. App. 2020). “1 FACTUAL AND PROCEDURAL BACKGROUND In 2016, the State charged Wood with aggravated incest in violation of K.S.A. 2015 Supp. 21-5604(b)(2)(A), a severity level 5 offense.”
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