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§ 18.2-366 Sexual intercourse by persons forbidden to marry; incest; penalties

A. Any person who engages in sexual intercourse with any person whom he is forbidden by law to marry is guilty of a Class 1 misdemeanor except as provided by subsection B.

B. Any person who engages in sexual intercourse with his daughter or granddaughter, son or grandson, or father or mother is guilty of a Class 5 felony. However, if a parent or grandparent engages in sexual intercourse with his child or grandchild, and such child or grandchild is at least 13 years of age but less than 18 years of age at the time of the offense, such parent or grandparent is guilty of a Class 3 felony.

C. For the purposes of this section, parent includes stepparent, grandparent includes step-grandparent, child includes a stepchild, and grandchild includes a step-grandchild.

History

The record of this law’s original creation isn’t available online. It has been modified 6 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 1960, chapter 358; in 1975, chapters 14 and 15; in 1981, chapter 397; in 1993, chapter 703; in 2014, chapter 542; in 2020, chapters 122 and 900.

Code 1950, § 18.1-191; 1960, c. 358; 1975, cc. 14, 15; 1981, c. 397; 1993, c. 703; 2014, c. 542; 2020, cc. 122, 900.

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This is a law from the Code of Virginia. This is the actual, unchanged text of one of the many laws that govern Virginia.

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Court Decisions

Michael Dwayne Ferguson v. Commonwealth of Virginia (COA, 02/25/20)
. . . COURT OF APPEALS OF VIRGINIA . . .
Colbert v. Commonwealth (COA, 01/10/06)
. . . 624 S.E.2d 108 (2006) . . .
Dotson v. Hylton (COA, 05/04/99)
. . . 513 S.E.2d 901 (1999) . . .
Bevel v. Com. (SCV, 11/04/11)
. . . 717 S.E.2d 789 (2011) . . .
Nowlin v. Commonwealth (COA, 04/15/03)
. . . 579 S.E.2d 367 (2003) . . .
Ray Allen Atkins v. Commonwealth of Virginia (COA, 08/12/25)
. . . COURT OF APPEALS OF VIRGINIA . . .
Keith Alexander Mayberry v. Commonwealth of Virginia (COA, 03/08/16)
. . . O’BRIEN, Judge. . . .
Brown v. Commonwealth (COA, 11/20/01)
. . . 554 S.E.2d 711 (2001) . . .
Mitchell v. Commonwealth (COA, 06/24/97)
. . . 486 S.E.2d 551 (1997) . . .
Wolfe v. Commonwealth (COA, 11/13/01)
. . . 554 S.E.2d 695 (2001) . . .

Court opinions are provided by CourtListener, which is developed by the Free Law Project.

Amendment Attempts

HB1445: Parent; amends incest statute to include step-parents, etc. (failed)
SB23: Adultery and fornication by persons forbidden to marry; penalty.
SB1130: Incest; definitions of parent, etc.; penalty.
HB914: Fornication; repeal. (failed)
SB476: Incest; definition of parent, includes step-parent, grandparent includes step-grandparent, penalty. (passed)
HB138: Fornication; repeals crime. (failed)
HB412: Marriage-related criminal laws; gender-neutral terms, adultery repeal, penalty. (failed)
HB1701: Gender-neutral terms; assisted conception, prohibitions on same-sex marriage and civil unions, etc. (failed)
HB245: Fornication; repeal. (passed)
HB623: Gender-neutral terms; prohibitions on same-sex marriage and civil unions removed from Code. (passed)
SB1240: Criminal sexual assault; penalty when committed by parents, etc., person is 13 yrs. of age, etc.
HB1713: Jurisdiction of district courts in felony cases; specialty dockets; Behavioral Health Docket Act. (failed)
HB1714: Assault and battery; serious bodily injury; penalty. (failed)
HB1727: Establishment of parent and child relationship; persons who committed sexual assault. (passed)
HB2010: Children; admissibility of statements in certain cases. (failed)
HB2224: Sex Offender and Crimes Against Minors Registry; offenses requiring registration, etc. (failed)
HB2310: Use of communications system to expose sexual or genital parts to a child; penalty. (passed)
HB2456: Discretionary sentencing guideline midpoints; violent felony offenses. (failed)
HB2485: Cannabis control; establishes framework for creating retail market, penalties. (failed)
HB2491: Assault and battery; serious bodily injury, penalty. (failed)
HB2505: Termination of parental rights; abused, etc., children or children without parental care, appeals. (failed)
HB2527: Sex offenses prohibiting proximity to children; state parks, penalty. (failed)
HB2694: Criminal sexual assault against a minor; capital murder, death penalty, etc. (failed)
SB970: Cannabis control; establishes framework for creating retail market, penalties. (failed)
SB1108: Sex offenses prohibiting proximity to children; state parks, penalty.
HB73: Juvenile and domestic relations district courts; petitions for relief of care and custody. (passed)
HB224: Paternity; proceedings to establish. (passed)
HB244: Robbery; conforms certain provisions of Code to degrees of robbery offenses.
HB245: Jurisdiction of district courts in felony cases; specialty dockets, Behavioral Health Docket Act. (passed)
HB250: Sex offenses prohibiting proximity to children; Park Authorities Act, penalty. (passed)
HB251: Assault and battery; creates Class 6 felony for serious bodily injury. (failed)
HB258: Early childhood care and education; updates terminology. (passed)
HB266: Child abuse and neglect; creates centralized intake and validity determination.
HB559: Driver training school and driver training instructors; standards, discipline, report. (passed)
HB642: Cannabis control; establishes framework for creation of retail marijuana market, penalties, report. (failed)
HB667: Juvenile/domestic rel. district cts.; petition, noncitizen aged 18-21 years for leg. custody/relief. (passed)
HB863: Offenses, certain; elimination of mandatory minimum sentences. (failed)
HB1302: Jurisdiction of district courts; assault and battery of a family or household member.
HB1490: Child abuse or neglect; establishes centralized hotline for reports or complaints, report. (passed)
SB55: Sex offenses; prohibiting proximity to children on premises of state parks, penalty. (passed)
SB206: Juvenile and domestic relations district courts; petitions for relief of care and custody. (passed)
SB399: Driver training school and driver training instructors; standards, discipline, report. (passed)
SB542: Cannabis control; establishes framework for creation of retail marijuana market, penalties, report.
SB640: Child abuse or neglect; centralized hotline for reports or complaints, etc. (passed)
SB671: Cannabis control; retail market; penalties.
SB826: Marijuana; creates framework for retail sales.