568.020. Incest — penalty. — 1. A person commits the offense of incest if he or she marries or purports to marry or engages in sexual intercourse or deviate sexual intercourse with a person he or she knows to be, without regard to legitimacy, his or her:
(1) Ancestor or descendant by blood or adoption; or
(2) Stepchild, while the marriage creating that relationship exists; or
(3) Brother or sister of the whole or half-blood; or
(4) Uncle, aunt, nephew or niece of the whole blood.
2. The offense of incest is a class E felony.
3. The court shall not grant probation to a person who has previously been found guilty of an offense under this section.
Notes of Decisions
State v. Naasz, 142 S.W.3d 869 (Mo. Ct. App. 2004).
· cites it 9× “domy, forcible sodomy, statutory sodomy in the first degree, statutory sodomy in the second degree, child molestation in the first degree, child molestation in the second degree, deviate sexual assault, sexual misconduct and sexual abuse, or attempts to commit any of the…”
F.R. v. St. Charles Cnty. Sheriff's Dep't, 301 S.W.3d 56 (Mo. 2010).
· cites it 6× “Any person who, since July 1, 1979, has been or hereafter has pleaded guilty or nolo contendere to, or been convicted of, or been found guilty of: (1) Violating any of the provisions of this chapter or the provisions of subsection 2 of section 568.020, RSMo, incest; section 568.”
State v. Miller, 372 S.W.3d 455 (Mo. 2012).
· cites it 2× “083, alleging that Miller knowingly exposed his genitals to his daughter between December 3, 1997, and December 3,1998, when she was younger than 14 years of age, for the purpose of arousing or gratifying the sexual desire of any person; count VII charged Miller with the class D…”
State v. Ray, 407 S.W.3d 162 (Mo. Ct. App. 2013).
· cites it 3× “062, RSMo, and one count of incest in violation of Section 568.020, RSMo. 1 Ray contends that the *165 trial court erred in: (1) finding him guilty of, and sentencing him on both counts of statutory sodomy because the evidence was insufficient to support his convictions; and (2)…”
In the Interest of K.A.W., 133 S.W.3d 1 (Mo. 2004).
· cites it 3× “4(4) provides that it will be a grounds for termination of parental rights if the “parent has been found guilty or pled guilty to a felony violation of chapter 566, RSMo [sexual offenses], when the child or any child in the family was a victim, or a violation of section 568.020,…”
Jeffcott v. State, 551 S.W.3d 525 (Mo. Ct. App. 2018).
· cites it 6× “The Relevant Conduct Alleged in Count III and the Applicable Statutes and Offense Count III of the indictment charged Movant with incest under section 568.020 RSMo 2000, 13 in that on or between April 21, 2000 and December 31, 2001, he "engaged in deviate sexual intercourse by…”
State v. Dixon, 70 S.W.3d 540 (Mo. Ct. App. 2002).
· cites it 2× “060; incest, § 568.020; and first degree endangering the welfare of a child, § 568.”
Commonwealth v. Rahim, 805 N.E.2d 13 (Mass. 2004).
· cites it 2× “03 (2002); Mo. Rev. Stat. § 568.020 (1986); Mo. Rev.”
M.A. v. M.S., 149 S.W.3d 562 (Mo. Ct. App. 2004).
· cites it 9× “1 that prohibited the grant of visitation to a parent not granted custody if that parent had been found guilty of, or pleaded guilty to, a felony violation of Chapter 566 RSMo, when the child was the victim, or a violation of section 568.020 RSMo when the child was a victim.”
State v. Jones, 530 S.W.3d 525 (Mo. Ct. App. 2017).
· cites it 2× “Page, Judge Robert Jones (“Defendant”) appeals the trial court’s judgment entered upon a jury verdict convicting him of three counts of first-degree statutory sodomy, in violation of Section 566R62, 1 three counts of incest, in violation of Section 568.020, three counts of…”
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