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Thus, only sex that can lead to pregnancy is treated as criminal behavior.Both parties over 14 years old California incest law only applies to sex between relatives who are both at least fourteen (14) years old.: Shawn, who is in his early thirties, has two nieces—Tanya, who is 18, and Andrea, who is 13.A skilled California criminal defense attorney can help you avoid the harsh penalties for this offense, possibly by using one of the following common legal defenses: In order to help you better understand the California crime of incest, our California criminal defense attorneys will address the following: If, after reading this article, you would like more information, we invite you to contact us at Shouse Law Group.The legal definition of incest under Penal Code 285 consists of the following facts: These facts are the so-called “elements of the crime of incest”—that is, the facts that the prosecutor must prove in order for you be guilty under California incest law.This would mean that Nicole is only his half-niece—someone with whom he can't commit criminal incest.
Thus, Charles is guilty of incest for having sex with Nicole, who is presumed to be his full niece.If you are accused of incest, there is likely testimony by a former or current sexual partner, or a family member, involved in the accusations.That person may well have a motivation to accuse you falsely—jealousy, revenge, etc.Let's take a better look at these elements to get a better sense of what they mean.Sexual intercourse You violate California's incest law when you engage in sexual intercourse with a family member.: Michael and Madison are twins in their early twenties.
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Facing California incest charges can be a devastating experience. With the help of a good criminal defense lawyer, you may be able to convince the prosecutor to drop or reverse the charges—or convince the jury at a California jury trial to find you not guilty.