Claim:
Incest is legal in New Jersey and Rhode Island.
Rating:
Rating: Mostly True
What’s True:
It’s true, with certain exceptions, that incest is not a crime in New Jersey or Rhode Island.
What’s False:
In New Jersey, incest is not legal unless both parties consent to the relationship and are aged 18 years or older. Incest is not legal in Rhode Island unless the consenting parties are aged 16 or older. Incestual marriages are not legal in either state.
Social media posts and Reddit threads have long claimed that in New Jersey and Rhode Island, incest between consenting adults is not a crime, with posts often simplifying or overstating the legal situation.
For instance, a Reddit post on the Today I Learned subreddit on Sept. 13, 2024, stated, “New Jersey and Rhode Island are the only 2 US states where you will not face criminal prosecution for incest.” Similarly, X users have shared variations of this claim, like this Sept. 7, 2024, post that added the apparent additional nuance of age restrictions:
Did you know, in #NewJersey and #RhodeIsland, incest between consenting adults (16+ Rhode Island, 18+ New Jersey) is not a criminal offense?
Pretty sickening.
— World Citizen (@WorldCitizenLA) September 7, 2024
While these claims about incest laws in these states are partially accurate, the situation requires a little more clarification. Because the claims blend truth with oversimplification, we have rated them as mostly true.
In both New Jersey and Rhode Island, incest between consenting adults is not a criminal offense, although it is illegal in most other U.S. states. In Rhode Island, the legal age for consensual incest is 16, while in New Jersey, it’s 18. However, incestuous marriages are still illegal in both states.
Although New Jersey and Rhode Island do not criminally prosecute incest between consenting adults, their legal frameworks still impose restrictions and marriage prohibitions.
One other state, Ohio, presents a unique case where consensual incest is permitted, provided no parental figure such as a stepparent or guardian is involved. This detail, often omitted from social media claims about incest laws, demonstrates that New Jersey and Rhode Island are not the only states where incest isn’t prosecuted under specific conditions.
Incest Laws in New Jersey
In the Garden State, the law does not criminalize incest between consenting adults aged 18 or older, despite the age of consent being 16. However, sexual relations involving minors aged 16–17 is illegal. Although adults engaging in incest are not criminally charged, marriages between close family members (for example, parent and child, siblings, niece and nephew, or aunt and uncle) remain prohibited in New Jersey.
The state is currently reviewing Bill A4524, which seeks to create a crime of incest, and if passed, could change the state’s legal stance on the matter in the near future.
Incest becomes a serious criminal offense when it involves minors and lack of consent. While consensual incestuous relationships between adults are not prosecuted, the law imposes harsher penalties if the relationship involves minors, when the crimes of sexual assault or endangering the welfare of a child can apply.
If the minor is under the age of 18, the family member may be charged with sexual assault or aggravated sexual assault. Specifically, aggravated sexual assault, which applies when the victim is under 13 or the offender is a relative and the victim is between 13 and 16, carries a prison sentence of 15 years to life. Under New Jersey’s No Early Release Act (NERA), offenders must serve at least 85 percent of their sentence before becoming eligible for parole.
Incest Laws in Rhode Island
In Rhode Island, consenting adults aged 16 and over can engage in incestuous relationships without facing prosecution. However, like New Jersey, the state prohibits incestuous marriages between close family members including siblings, parents, grandparents, children and grandchildren. Marriage between relatives remains outside the legal boundaries and are voided by the state.
Incest Laws in Ohio
Though often ignored in social media claims, Ohio allows incest between consenting adults as long as neither party is a parental figure to the other, including stepparents or guardians. When a parent or parental figure engages in sexual activity with their child, it is classified as sexual battery, a third-degree felony punishable by up to five years in prison, fines of up to $10,000, and mandatory sex offender registration. If the child is under 13, the offense becomes a second-degree felony, which can result in up to eight years in prison and fines reaching $15,000.
Additionally, offenders convicted of such crimes in Ohio must register as sex offenders. However, Ohio does not criminalize incest between consenting adults who are not in a parental role, and the state sets no specific age restrictions for adult consensual incest beyond the general age of consent, which is 16.
Snopes has previously investigated claims related to incest, including the claim that Dr. Mehmet Oz said having sex with a cousin is “not a big problem” if you’re not first cousins, and the true story of an Oklahoma woman who married her own daughter.
Sources:
“2023 New Jersey Revised Statutes :: Title 2C – The New Jersey Code of Criminal Justice :: Section 2C:14-1 – Definitions.” Justia Law, Accessed 16 Sept. 2024.
“2023 New Jersey Revised Statutes :: Title 2C – The New Jersey Code of Criminal Justice :: Section 2C:14-2 – Sexual Assault.” Justia Law, Accessed 16 Sept. 2024.
“2023 Rhode Island General Laws :: Title 15 – Domestic Relations :: Chapter 15-1 – Persons Eligible to Marry :: Section 15-1-3. – Incestuous Marriages Void.” Justia Law, Accessed 16 Sept. 2024.
Consent | End Sexual Violence – Division of Student Affairs | Rutgers University-New Brunswick. Accessed 16 Sept. 2024.
Eastern District of California | Stockton Man Sentenced to Life in Prison for Long-Term Sexual Abuse of Minors Including His Own Children | United States Department of Justice. 12 Feb. 2019, https://www.justice.gov/usao-edca/pr/stockton-man-sentenced-life-prison-long-term-sexual-abuse-minors-including-his-own.
Editor-in-Chief, Derek Myers. Incest Remains Legalized in Ohio While Illegal in All Other States – Scioto Valley Guardian. 6 Dec. 2020, https://sciotovalleyguardian.com/2020/12/06/incest-remains-legalized-in-ohio-while-illegal-in-all-other-states/.
FindLaw Staff. “Rhode Island Prohibited Consensual Sexual Activity Laws.” FindLaw, FindLaw, 24 Jan. 2023, https://www.findlaw.com/state/rhode-island-law/rhode-island-prohibited-consensual-sexual-activity-laws.html.
hazel2619. “TIL That New Jersey and Rhode Island Are the Only 2 US States Where You Will Not Face Criminal Prosecution for Incest.” Reddit, 2022, https://www.reddit.com/r/todayilearned/comments/1ffxc1n/til_that_new_jersey_and_rhode_island_are_the_only/.
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Michael, Ben. Incest Laws: Legal Definitions, Penalties, and Key Considerations – Michael & Associates. 27 Mar. 2024, https://zealousadvocate.com/resources/law/incest-laws/.
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NJ.com, Ben Horowitz and Louis C. Hochman |. NJ Advance Media for. “Q&A: Is Incest Really Legal in New Jersey?” Nj, 20 Jan. 2015, https://www.nj.com/news/2015/01/incest_qa_daughter_plans_to_marry_dad.html.
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Publish date : 2024-09-21 02:00:00
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