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California Penal Code 285 | Incest

Posted in California Law,Sex Crimes,Sex Offender FAQs on August 14, 2024

Prosecutors in California aggressively pursue charges for sex crimes, including incest. This is often under a misguided attempt to prevent children from being born with birth defects, which can sometimes occur when people who are closely related genetically procreate. A conviction for this offense can end your freedom and ruin your reputation. A board-certified Riverside sex crimes lawyer can begin work immediately on your case to safeguard your rights when you are confronting the judicial system.

What Is Incest?

Among other things, California Penal Code 285 states that committing fornication or adultery with a person within the “degrees of consanguinity within which marriages are declared by law to be incestuous and void” is illegal and subjects the offenders to imprisonment in the state prison. This basically means that if you are so closely related to a family member that you could not marry them, having sex with them is considered incest.

Under the state’s definition, sexual intercourse between the following family members is illegal:

  • Parents and children
  • Siblings, including half-siblings
  • Grandparents and grandchildren
  • Uncles and aunts with nieces or nephews

Even if both parties consented to the sexual acts, it is still considered a crime due to the close family relationship.

Penalties for Incest

Incest is a felony offense in California, subjecting a person to sixteen months, two years, or three years in state prison and a fine of up to $10,000. Additionally, a defendant can be forced to register as a sex offender if convicted of this offense within the statute of limitations.

Call a Riverside sex crimes attorney for a free case review

Are There Defenses to Incest Charges?

The offense of incest in California involves precise legal definitions. If any of these legal terms do not apply, the prosecution cannot meet its burden to establish the legal elements of the offense. A knowledgeable sex crimes attorney like Graham Donath can carefully review the circumstances to determine if defenses such as the following apply:

  • Not closely related – Incest involves two relatives who are closely related. Even if you thought you were related to the other party, you may not have been. This may be confirmed through genetic testing.
  • Lack of knowledge – If you were adopted or not in contact with the other party, it is possible you could have engaged in sexual activity with them without being aware of the familial connection.
  • Sexual abuse – In some cases, you may have been groomed by another relative and are actually a victim, even if the sexual relationship continued after you became an adult.
  • Not of age – This particular sex crime can only be charged if you are 14 or older. If you are younger than that, the prosecutor cannot bring such charges.
  • No sexual penetration – Sexual intercourse must occur for the prosecution to bring this offense. If the sexual activity did not rise to this level, the prosecutor cannot charge you with this offense.
  • False allegations – A third party may have lied about your relationship with a family member out of revenge or vindictiveness.

Charged with Incest? Contact a Riverside Sex Crimes Attorney Today

If you have been charged with violating California Penal Code 285, hiring an experienced criminal defense lawyer at the Law Offices of Graham D. Donath, APC is paramount. Contact us online or by calling (951) 667-5293 and request a free case review.