Prohibited Sexual Conduct in Texas

Incest is illegal in Texas, even among consenting adults. In fact, it’s a felony called Prohibited Sexual Conduct that can land you in jail for up to 20 years.

Prohibited Sexual Conduct

In Texas, Prohibited Sexual Conduct refers to sexual activities considered illegal due to the nature of the relationship between the parties involved. The primary focus of these laws is to prevent sexual relationships that involve close family members, a situation commonly referred to as incest. According to the Texas Penal Code, Prohibited Sexual Conduct is defined under Section 25.02.

Texas Penal Code Section 25.02

The law applies to individuals who are related either by blood or by adoption. Specifically, it covers ancestors, descendants (children, grandchildren), siblings (whole or half-blood), and uncles, aunts, nephews, or nieces. The law is equally applicable to relationships that result from adoption.

What is Incest in Texas?

Incest, also referred to as prohibited sexual conduct, is laid out in Penal Code Section 25.02.  A person commits incest if he or engages in sexual intercourse  or deviate sexual intercourse with:

• an ancestor or descendant by blood or adoption;
• a current or former stepchild or stepparent;
• a parent’s brother or sister of the whole or half blood;
• a brother or sister of the whole or half blood or by adoption;
• the children of the actor’s brother or sister of the whole or half blood or by adoption
• the son or daughter of the actor’s aunt or uncle of the whole or half blood or by adoption

In other words, sex is prohibited between parents and children; stepparents and stepchildren; siblings, including half-siblings; aunt or uncle and niece or nephew; and first cousins, among others. Sexual conduct is prohibited even among consenting adults. Also, it doesn’t matter if they are related by blood, either full or half, or by adoption. It’s illegal all the same.

Sexual Intercourse and Deviate Sexual Intercourse

Texas defines “sexual intercourse” as penetration of the female sex organ by the male sex organ. “Deviate sexual intercourse” includes any contact between the genitals of one person with the mouth or anus of another person, provided the intent of the conduct is to arouse or provide sexual gratification.

What is the punishment for Incest or Prohibited Sexual Conduct?

The most serious prohibited sexual conduct is sex with a parent or child (even with an adult child). Incest is a second-degree felony, punishable by two to 20 years in prison and a maximum $10,000 fine can also be imposed.

When the sexual conduct is not between a parent and child, but between other covered family members, the offense is a third-degree felony. Third-degree felonies are punishable by two to 10 years in prison and up to a $10,000 fine.

Defending Against Allegations of Incest in Fort Worth

If you are facing charges of incest, call a tenacious and skilled attorney immediately. Our team at Varghese Summersett can help. We will handle your case with the highest level of discretion and professionalism while seeking the most favorable outcome for all involved.