Minnesota Statutes

Minn. Stat. § 609.365 (2026)

Incest

✓ current as of May 2026
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Whoever has sexual intercourse with another nearer of kin to the actor than first cousin, computed by rules of the civil law, whether of the half or the whole blood, with knowledge of the relationship, is guilty of incest and may be sentenced to imprisonment for not more than ten years.

Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 1965–2025 · leading case: Women of the State v. Gomez, 542 N.W.2d 17 (Minn. 1995).
Women of the State v. Gomez, 542 N.W.2d 17 (Minn. 1995). · cites it 12× “Minn.Stat. § 609.365 (1994). One study cited by plaintiffs, however, indicates that steprelatives are proportionally more likely to sexually abuse their female relatives than blood relatives.”
State v. Wilson, 524 N.W.2d 271 (Minn. Ct. App. 1994). · cites it 31× “Appellant Keith John Wilson challenges his incest conviction under Minn.Stat. § 609.365, arguing that the statute is unconstitutionally vague, and alternatively, that his actions do not constitute incest within the meaning of the statute.”
State v. Lubitz, 472 N.W.2d 131 (Minn. 1991). · cites it 8× “The issue in this case is whether the crime of incest, Minn.Stat. § 609.365, which *132 is not “ranked” by the Sentencing Guidelines, was properly assigned a severity level VII ranking by the trial court.”
Commonwealth v. Rahim, 805 N.E.2d 13 (Mass. 2004). · cites it 2× “17-A, § 556 (West 1983); Minn. Stat. § 609.365 (2002); Nev. Rev. Stat.”
State v. Williams, 363 N.W.2d 911 (Minn. Ct. App. 1985). · cites it 2× “The prosecutor was using the word “incest” to help the jury understand the general nature of the crime charged.”
State v. Heidelberger, 353 N.W.2d 582 (Minn. Ct. App. 1984). · cites it 2× “1(2), 1(3) (1982)), and incest (Minn.Stat. § 609.365 (1982)). He was sentenced to the custody of the Commissioner of Corrections for a term of 108 months.”
State v. Kramer, 139 N.W.2d 374 (Minn. 1965). “753, § 609.365). He now appeals from the judgment of conviction therein.”
State of Minnesota, Respondent, vs. Clifford Robert Letourneau, III, Appellant (Minn. 2025). · cites it 2× “344, subdivision 1(b) (2024), and incest in violation of Minnesota Statutes section 609.365 (2024). 2 The record includes a video recording and transcript of an investigator’s interview with K.”
State of Minnesota v. James David Gertz, Jr. (Minn. Ct. App. 2015). · cites it 2× “§ 609.365 (2010). Most of the offenses on the sex-offender grid are under “Sex Crimes.”
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