Incest is illegal in Texas. The prohibition against incest is laid out in Penal Code Section 25.02. Even amongst consenting adults, certain sexual conduct is prohibited by law.  The most serious conduct, sex with a parent or child (even with an adult child), is a second-degree felony.  Second-degree felonies are punishable with a minimum of two years in prison. The maximum sentence is 20 years in prison. A fine of up to $10,000 can also be imposed. Are you facing charges for incest in Fort Worth? Call our legal team to discuss your rights and options.

Types of Prohibited Sexual Conduct

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 up to 10 years in prison. Like parent-child incest, third-degree felonies have a two-year minimum sentence. Additionally, third-degree felonies also come with a fine of up to $10,000.

Other prohibited sexual conduct includes sex between a stepparent and stepchild. This is true even if the stepchild is an adult. It is also true even if the stepparent has since divorced the adult child’s biological parent. Sex between siblings, including half-siblings, is also prohibited. Similarly, sex between an aunt or uncle and niece or nephew is prohibited. First cousins, the children of the actor’s aunt or uncle, also cannot have consensual sex under the law. In each of these circumstances, whether the person is related by blood, either full or half, or by adoption, the law remains the same.

The types of sexual conduct covered by the statute include “sexual intercourse,” which the state of Texas defines as penetration of the female sex organ by the male sex organ. The statute also covers “deviate sexual intercourse.” This 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.

Defending Against Allegations of Incest in Fort Worth

Call a tenacious and skilled attorney if you are facing allegations of incest in Fort Worth.