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 § 255.27 (2026)

Incest in the first degree

✓ current as of May 2026
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§ 255.27 Incest in the first degree.
  A person is guilty of incest in the first degree when he or she
commits the crime of rape in the first degree, as defined in paragraph
(c) or (d) of subdivision one, paragraph (c) or (d) of subdivision two
or paragraph (c) or (d) of subdivision three of section 130.35 of this
part, rape in the first degree as defined in former subdivision three or
four of section 130.35 of this part, or a crime formerly defined in
subdivision three or four of section 130.50 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 half blood, uncle, aunt, nephew or niece.
  Incest in the first degree is a class B felony.
Notes of Decisions
Cited in 11 cases (5 in the last 5 years), 2014–2024 · leading case: People v. Kalina, 149 A.D.3d 1264 (N.Y. App. Div. 2017).
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People v. Kalina, 149 A.D.3d 1264 (N.Y. App. Div. 2017). “brother or sister of either the whole or half blood” (Penal Law § 255.27). A person commits the crime of criminal sexual act in the first degree when he or she, among other things, “engages in oral sexual conduct .”
Matter of Destiny C., 127 A.D.3d 1510 (N.Y. App. Div. 2015). · cites it 2× “Thus corroborated, the elder children’s reports established that the father’s actions against the older girl amounted to, at a minimum, incest in the first degree (see Penal Law § 255.27), rape in the first degree (see Penal Law § 130.”
State v. Adrien S., 114 A.D.3d 862 (N.Y. App. Div. 2014). “06), incest in the first and second degrees (Penal Law §§ 255.27, 255.26), a felony attempt or conspiracy to commit any of the foregoing offenses, or a sexually motivated designated felony committed prior to April 13, 2007 (see Mental Hygiene Law § 10.”
Doe v. Wilhelmina Models, Inc., 2024 NY Slip Op 00969 (N.Y. App. Div. 2024). “9, "every civil claim or cause of action brought against any party alleging intentional or negligent acts or omissions by a person for physical, psychological, or other injury or condition suffered as a result of conduct which would constitute a sexual offense as defined in…”
People v. Alger, 2022 NY Slip Op 03545 (N.Y. App. Div. 2022). “35 (3) or (4), "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 half blood, uncle, aunt, nephew or niece" (Penal Law § 255.27). As relevant to counts 7 and 8…”
Doe v. Wilhelmina Models, Inc., 2024 NY Slip Op 00969 (N.Y. App. Div. 2024). “9, "every civil claim or cause of action brought against any party alleging intentional or negligent acts or omissions by a person for physical, psychological, or other injury or condition suffered as a result of conduct which would constitute a sexual offense as defined in…”
People v. Alger, 2022 NY Slip Op 03545 (N.Y. App. Div. 2022). “35 (3) or (4), "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 half blood, uncle, aunt, nephew or niece" (Penal Law § 255.27). As relevant to counts 7 and 8…”
People v. Kalina, 149 A.D.3d 1264 (N.Y. App. Div. 2017). “brother or sister of either the whole or half blood” (Penal Law § 255.27). A person commits the crime of criminal sexual act in the first degree when he or she, among other things, “engages in oral sexual conduct .”
In re Christian M., 54 Misc. 3d 737 (N.Y.C. Fam. Ct. 2016). “75 (1) (a), and incest in the first and third degrees, Penal Law §§ 255.27 and 255.25. Except for the course of sexual conduct count, which alleges that respondent’s actions took place from January through June 2016, the remaining counts allege that the acts committed by…”
Doe v. Wilhelmina Models, Inc., 2024 NY Slip Op 03081 (N.Y. App. Div. 2024). “9, "every civil claim or cause of action brought against any party alleging intentional or negligent acts or omissions by a person for physical, psychological, or other injury or condition suffered as a result of conduct which would constitute a sexual offense as defined in…”
State v. Adrien S., 114 A.D.3d 862 (N.Y. App. Div. 2014). “06), incest in the first and second degrees (Penal Law §§ 255.27, 255.26), a felony attempt or conspiracy to commit any of the foregoing offenses, or a sexually motivated designated felony committed prior to April 13, 2007 (see Mental Hygiene Law § 10.”
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