N.Y. Laws » CHAPTER Penal / PART Specific Offenses / TITLE Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents / ARTICLE Offenses Affecting the Marital Relationship
New York Consolidated Laws

N.Y. Penal Law § 255.25 (2026)

Incest in the third degree

✓ current as of May 2026
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§ 255.25 Incest in the third degree.
  A person is guilty of incest in the third degree when he or she
marries or engages in vaginal sexual contact, oral sexual contact or
anal sexual contact with a person whom he or she knows to be related to
him or her, whether through marriage or not, as an ancestor, descendant,
brother or sister of either the whole or the half blood, uncle, aunt,
nephew or niece.
  Incest in the third degree is a class E felony.
Notes of Decisions
Cited in 47 cases (4 in the last 5 years), 1986–2025 · leading case: The People v. Dennis J. Sincerbeaux, 57 N.E.3d 1076 (NY 2016).
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The People v. Dennis J. Sincerbeaux, 57 N.E.3d 1076 (NY 2016). · cites it 4× “Defendant was convicted on his plea of guilty of incest in the third degree (Penal Law § 255.25) for engaging in sexual intercourse with a person he knew to be related to him over a period of approximately one month in 2007.”
The People v. Michael Diack, 26 N.E.3d 1151 (NY 2015). · cites it 2× “Those sex offenses are set forth in Penal Law articles 130 (“Sex Offenses”), 235 (“Obscenity and Related Offenses”), and 263 (“Sexual Performance by a Child”) and Penal Law §§ 255.25, 255.26, and 255.27 (Incest in the third, second and first degrees, respectively).”
People v. Wells, 138 A.D.3d 947 (N.Y. App. Div. 2016). · cites it 2× “55), incest in the third degree (Penal Law § 255.25), and sexual misconduct (two counts) (Penal Law § 130.”
People v. Agan, 2022 NY Slip Op 04581 (N.Y. App. Div. 2022). “[a] descendant" (Penal Law § 255.25[*3]). At trial, a receptionist for the Columbia County Mental Health Department, located in the medical arts facility, recalled that, shortly before the incident, defendant came into the facility inquiring whether his appointment was at 2:00 p.”
People v. Matthie, 34 A.D.3d 987 (N.Y. App. Div. 2006). · cites it 2× “Without admitting guilt, he entered an Alford plea to incest (see Penal Law § 255.25) in full satisfaction of the indictment.”
Commonwealth v. Rahim, 805 N.E.2d 13 (Mass. 2004). “§ 30-10-3 (Michie 2003); N.Y. Penal Law § 255.25 (McKinney 2000); N.”
People v. Battease, 74 A.D.3d 1571 (N.Y. App. Div. 2010). “Defendant and the 22-year-old victim (a person related to defendant under Penal Law § 255.25) resided together and engaged in sexual activity during part of the months of March and April 2007.”
People v. Soulia, 263 A.D.2d 869 (N.Y. App. Div. 1999). · cites it 2× “45) and incest (Penal Law § 255.25). These convictions were based upon the testimony of defendant’s daughter that, in November or December 1992, when áhe was under age 11, defendant forcibly subjected her to sexual contact in their rented home.”
People v. Facey, 115 A.D.2d 11 (N.Y. App. Div. 1986). · cites it 2× “The statute defining incest requires only that the party charged has engaged in sexual intercourse "with a person whom he or she knows to be related to him or her” within the specified degree and makes no reference to force or consent as conditions for guilt (Penal Law §…”
In re Ajay P., 60 A.D.3d 681 (N.Y. App. Div. 2009). “50), and incest (Penal Law § 255.25), for acts he committed against Nilam.”
People v. Ross, 119 A.D.3d 961 (N.Y. App. Div. 2014). “75 [1] [a]), incest (Penal Law § 255.25), assault in the third degree (Penal Law § 120.”
Doe v. Pataki, 940 F. Supp. 603 (S.D.N.Y. 1996). “” § 168-a(2)(a) (citing N.Y.Penal Law § 255.25 (McKinney 1989)). It covers someone who “restrains another person,” as long as the victim is under 17, even if no sexual conduct is involved.”
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