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 § 255.26 (2026)

Incest in the second degree

✓ current as of May 2026
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§ 255.26 Incest in the second degree.
  A person is guilty of incest in the second degree when he or she
commits the crime of rape in the second degree, as defined in section
130.30 of this part, or a crime formerly defined in section 130.45 of
this part, against 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 second degree is a class D felony.
Notes of Decisions
Cited in 6 cases, 2014–2020 · leading case: The People v. William Cullen, 21 N.E.3d 1009 (NY 2014).
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The People v. William Cullen, 21 N.E.3d 1009 (NY 2014). “30 [1]), second-degree incest (Penal Law § 255.26) and other crimes. At his ensuing jury trial, Supreme Court, over objection, allowed the prosecutor to ask complainant’s mother if she “remember [ed] having a conversation with [complainant] .”
People v. Jean, 117 A.D.3d 875 (N.Y. App. Div. 2014). “Here, the record reflects that the jury charges regarding the subject counts of incest in the second degree and the counts of rape in the second degree were essentially identical, since one cannot commit incest in the second degree under Penal Law § 255.26 as charged to the jury…”
People v. Fisher, 126 A.D.3d 1048 (N.Y. App. Div. 2015). “Similarly, the evidence at trial established that defendant was aware that he was related to victim A to the degree required by the incest statutes (see Penal Law §§ 255.26, 255.27). With respect to the specific charges, victim A testified, in detail and at length, that…”
In re Christian M., 54 Misc. 3d 737 (N.Y.C. Fam. Ct. 2016). “(See Penal Law §§ 255.26, 255.27.) Third-degree incest (Penal Law § 255.”
People v. Torres, 2020 NY Slip Op 480 (N.Y. App. Div. 2020). “They also concede that the conviction of second-degree incest (Penal Law § 255.26) violated the Ex Post Facto Clause, because it was based on conduct occurring before the statute creating that crime became effective.”
People v. Jean, 117 A.D.3d 875 (N.Y. App. Div. 2014). “Here, the record reflects that the jury charges regarding the subject counts of incest in the second degree and the counts of rape in the second degree were essentially identical, since one cannot commit incest in the second degree under Penal Law § 255.26 as charged to the jury…”
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