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9.11.11: Penal Code § 285 PC – Incest

California Criminal Law 2026 · LibreTexts

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    From LibreTexts, under CC BY-NC-SA 4.0, as the source states it; its equations are written in TeX, which the PDF shows typeset. This page at LibreTexts.

    Incest is a criminal act in California. The criminal act element required for incest is intercourse. The attendant circumstance element required for incest is a victim the defendant cannot legally marry because of a family relationship.

    Force is not required, and consent is not an attendant circumstance element of this crime and as such consent by the victim cannot operate as a defense.

    If the sexual intercourse with a family member is forcible and nonconsensual, the defendant could be charged with rape. The criminal intent element required for incest is general intent or knowingly.

    This page titled 9.11.11: Penal Code § 285 PC – Incest was last modified on Wed, 02 Sep 2026 17:24:49 GMT and is shared under a CC BY-NC-SA 4.0 license and was authored, remixed, and/or curated by Mark C Fields and Carmyn A. Radetic-Fields.