The Prohibited Sexual Conduct crime in the state of Texas gives police the right to arrest you if they believe you engage in sexual intercourse or have sexual conduct with any relative in your family. This is commonly known as the law against incest. Texas law makes it illegal as a felony offense to commit incest under the circumstances described in this law. Learn more detailed information about the Prohibited Sexual Conduct offense below.

Prohibited Sexual Conduct is classified in the Texas Penal Code under Title 6 “Offenses Against The Family”, Chapter 25 “Offenses Against The Family.”

What is the current Texas law about Prohibited Sexual Conduct?

The current Texas law defines the offense of Prohibited Sexual Conduct in Penal Code Section §25.02 as follows:^[1]

(a) A person commits an offense if the person engages in sexual intercourse or deviate sexual intercourse with another person the actor knows to be, without regard to legitimacy:

(1) the actor’s ancestor or descendant by blood or adoption;

(2) the actor’s current or former stepchild or stepparent;

(3) the actor’s parent’s brother or sister of the whole or half blood;

(4) the actor’s brother or sister of the whole or half blood or by adoption;

(5) the children of the actor’s brother or sister of the whole or half blood or by adoption; or

(6) the son or daughter of the actor’s aunt or uncle of the whole or half blood or by adoption.

How can I be charged with Prohibited Sexual Conduct?

You can be charged with Prohibited Sexual Conduct if the state’s attorneys believe that each of the elements of 25.02(a) as described in the section above have been met.

What is the punishment for Prohibited Sexual Conduct?

A conviction for Prohibited Sexual Conduct is punished as a Felony of the Third Degree,^[2] with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 10 years. Learn about the differences between grades of felonies and misdemeanors

If the actor engages in sexual intercourse with his ancestor or descendant by blood or adoption then a conviction for Prohibited Sexual Conduct is punished as a Felony of the Second Degree,^[3] with a maximum possible fine under Texas state law of up to $20,000 and prison time of up to 20 years. This would include a parent or a child, whether related naturally or adopted.

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Legal References:

^1. Texas Penal Code §25.02^2. Texas Penal Code §25.02(c)^3. Texas Penal Code §25.02(c)