Wisconsin Statutes
Wis. Stat. § 944.06 (2026)
Incest
✓ current as of July 2026
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944.06944.06 Incest. Whoever marries or has nonmarital sexual intercourse, as defined in s. 948.01 (6), with a person he or she knows is a blood relative and such relative is in fact related in a degree within which the marriage of the parties is prohibited by the law of this state is guilty of a Class F felony.
944.06 AnnotationLawrence v. Texas, 539 U.S. 558 (2003), did not announce a fundamental right of adults to engage in all forms of private consensual sexual conduct. There was no clearly established federal law in 2001 that supported defendant’s claim that he had a fundamental right to engage in incest free from government proscription. Muth v. Frank, 412 F.3d 808 (2005).
Notes of Decisions
Cited in 11
cases (2 in the last 5 years), 1987–2023 · leading case: Monroe Cnty. Dep't of Human Servs. v. Kelli B., 2004 WI 48 (Wis. 2004).
Monroe Cnty. Dep't of Human Servs. v. Kelli B., 2004 WI 48 (Wis. 2004). “In the criminal code, Wis. Stat. § 944.06 reads as follows: "Whoever marries or has nonmarital sexual intercourse with a person he or she knows is a blood relative and such relative is in fact related in a degree within which the marriage of the parties is prohibited by law is…”
Allen A. Muth v. Matthew J. Frank, Sec'y, 412 F.3d 808 (7th Cir. 2005). “Wis. Stat. § 944.06 . 3 Prior to trial, Allen moved to dismiss the criminal complaint against him, on the ba *812 sis that Wisconsin’s incest statute was unconstitutional insofar as it sought to criminalize a sexual relationship between two consenting adults.”
State Ex Rel. Smalley v. Morgan, 565 N.W.2d 805 (Wis. Ct. App. 1997). “, 1987-88, and one count of incest contrary to § 944.06, Stats., 1987-88, after pleading no contest.”
State v. Allen M., 571 N.W.2d 872 (Wis. Ct. App. 1997). “[16] Incest has been a crime in Wisconsin since 1858, see § 944.06, STATS., and criminal prosecutions under the incest statute have been upheld.”
State v. Conley, 416 N.W.2d 69 (Wis. Ct. App. 1987). “, and incest, in violation of sec. 944.06, Stats., and an order denying his motions for postconviction relief.”
Commonwealth v. Rahim, 805 N.E.2d 13 (Mass. 2004). “1 (Lexis 2000); Wis. Stat. Ann. § 944.06 (LexisNexis 1996); Wis.”
Malinowski v. Smith, 509 F.3d 328 (7th Cir. 2007). “did not resolve the claim under Wis. Stat. § 944.06 at issue in Muth I, according to Muth, Muth I was not an adjudication on the merits.”
Muth, Allen A. v. Frank, Matthew J. (7th Cir. 2005). “3 Wis. Stat. § 944.06 . Prior to trial, Allen moved to dismiss the criminal com- plaint against him, on the basis that Wisconsin’s incest stat- ute was unconstitutional insofar as it sought to criminalize a sexual relationship between two consenting adults.”
State v. Justin James Doolittle (Wis. Ct. App. 2022). “225(2)(a) (second-degree sexual assault by use of force requires proof that the defendant had “sexual contact or sexual intercourse with another person without consent of that person by use or threat of force or violence”).”
State v. Jeremy Ray Peabody (Wis. Ct. App. 2023). “§ 944.06 (2019-20). All references to the Wisconsin Statutes are to the 2019-20 version unless otherwise noted.”
Malinowski, Joseph M v. Smith, Judy P. (7th Cir. 2007). “did not resolve the claim under Wis. Stat. § 944.06 at issue in Muth I, according to Muth, Muth I was not an adjudication on the merits.”
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