{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-366.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-366.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-366.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-366.html"}],"law_id":76153,"edition_id":1,"section_id":76153,"structure_id":14343,"section_number":"18.2-366","catch_line":"Sexual intercourse by persons forbidden to marry; incest; penalties","history":"Code 1950, \u00a7 18.1-191; 1960, c. 358; 1975, cc. 14, 15; 1981, c. 397; 1993, c. 703; 2014, c. 542; 2020, cc. 122, 900.","full_text":"A\n\nAny 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\n\nAny 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\n\nFor the purposes of this section, parent includes stepparent, grandparent includes step-grandparent, child includes a stepchild, and grandchild includes a step-grandchild.","order_by":null,"text":{"0":{"id":273347,"text":"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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":273348,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":273349,"text":"For the purposes of this section, parent includes stepparent, grandparent includes step-grandparent, child includes a stepchild, and grandchild includes a step-grandchild.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":14343,"edition_id":1,"name":"Family Offenses; Crimes Against Children, etc","identifier":"4","label":"article","depth":3,"order_by":1,"parent_id":14022,"metadata":{},"date_created":"2026-06-26 03:47:49","date_modified":"2026-06-26 03:47:49","permalink":{"id":167753,"object_type":"structure","relational_id":14343,"identifier":"4","token":"18.2\/8\/4","url":"\/18.2\/8\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14022,"edition_id":1,"name":"Crimes Involving Morals and Decency","identifier":"8","label":"chapter","depth":2,"order_by":1,"parent_id":12972,"metadata":{},"date_created":"2026-06-26 03:46:37","date_modified":"2026-06-26 03:46:37","permalink":{"id":167393,"object_type":"structure","relational_id":14022,"identifier":"8","token":"18.2\/8","url":"\/18.2\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12972,"edition_id":1,"name":"Crimes and Offenses Generally","identifier":"18.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":164139,"object_type":"structure","relational_id":12972,"identifier":"18.2","token":"18.2","url":"\/18.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":86356,"structure_id":14343,"section_number":"18.2-362","catch_line":"Person marrying when spouse is living; penalty; venue","url":"\/18.2-362\/","token":"18.2\/8\/4\/18.2-362","metadata":false},{"id":85324,"structure_id":14343,"section_number":"18.2-363","catch_line":"Leaving Commonwealth to evade law against bigamy","url":"\/18.2-363\/","token":"18.2\/8\/4\/18.2-363","metadata":false},{"id":66589,"structure_id":14343,"section_number":"18.2-364","catch_line":"Exceptions to \u00a7\u00a7 18.2-362 and 18.2-363","url":"\/18.2-364\/","token":"18.2\/8\/4\/18.2-364","metadata":false},{"id":73179,"structure_id":14343,"section_number":"18.2-365","catch_line":"Adultery defined; penalty","url":"\/18.2-365\/","token":"18.2\/8\/4\/18.2-365","metadata":false},{"id":76153,"structure_id":14343,"section_number":"18.2-366","catch_line":"Sexual intercourse by persons forbidden to marry; incest; penalties","url":"\/18.2-366\/","token":"18.2\/8\/4\/18.2-366","metadata":false},{"id":77238,"structure_id":14343,"section_number":"18.2-367","catch_line":"Repealed","url":"\/18.2-367\/","token":"18.2\/8\/4\/18.2-367","metadata":false},{"id":55653,"structure_id":14343,"section_number":"18.2-368","catch_line":"Placing or leaving spouse for prostitution; penalty","url":"\/18.2-368\/","token":"18.2\/8\/4\/18.2-368","metadata":false},{"id":70553,"structure_id":14343,"section_number":"18.2-369","catch_line":"Abuse and neglect of vulnerable adults; penalties","url":"\/18.2-369\/","token":"18.2\/8\/4\/18.2-369","metadata":false},{"id":60265,"structure_id":14343,"section_number":"18.2-370","catch_line":"Taking indecent liberties with children; penalties","url":"\/18.2-370\/","token":"18.2\/8\/4\/18.2-370","metadata":false},{"id":62948,"structure_id":14343,"section_number":"18.2-370.01","catch_line":"Indecent liberties by children; penalty","url":"\/18.2-370.01\/","token":"18.2\/8\/4\/18.2-370.01","metadata":false},{"id":80307,"structure_id":14343,"section_number":"18.2-370.1","catch_line":"Taking indecent liberties with child by person in custodial or supervisory relationship; penalties","url":"\/18.2-370.1\/","token":"18.2\/8\/4\/18.2-370.1","metadata":false},{"id":86551,"structure_id":14343,"section_number":"18.2-370.2","catch_line":"Sex offenses prohibiting proximity to children; 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penalty; abandoned infant","url":"\/18.2-371\/","token":"18.2\/8\/4\/18.2-371","metadata":false},{"id":65049,"structure_id":14343,"section_number":"18.2-371.1","catch_line":"Abuse and neglect of children; penalties; abandoned infant","url":"\/18.2-371.1\/","token":"18.2\/8\/4\/18.2-371.1","metadata":false},{"id":68538,"structure_id":14343,"section_number":"18.2-371.2","catch_line":"Prohibiting sale or distribution, etc. of retail tobacco products and hemp products intended for smoking by persons under 21 years of age; civil penalties","url":"\/18.2-371.2\/","token":"18.2\/8\/4\/18.2-371.2","metadata":false},{"id":84277,"structure_id":14343,"section_number":"18.2-371.2:1","catch_line":"Prohibiting possession of retail tobacco products and hemp products intended for smoking by a person younger than 21 years of age; seizure","url":"\/18.2-371.2_1\/","token":"18.2\/8\/4\/18.2-371.2_1","metadata":false},{"id":57919,"structure_id":14343,"section_number":"18.2-371.3","catch_line":"Tattooing or body piercing of minors","url":"\/18.2-371.3\/","token":"18.2\/8\/4\/18.2-371.3","metadata":false},{"id":75915,"structure_id":14343,"section_number":"18.2-371.4","catch_line":"Prohibiting the sale of novelty lighters to juveniles","url":"\/18.2-371.4\/","token":"18.2\/8\/4\/18.2-371.4","metadata":false}],"previous_section":{"id":73179,"structure_id":14343,"section_number":"18.2-365","catch_line":"Adultery defined; penalty","url":"\/18.2-365\/","token":"18.2\/8\/4\/18.2-365","metadata":false},"next_section":{"id":77238,"structure_id":14343,"section_number":"18.2-367","catch_line":"Repealed","url":"\/18.2-367\/","token":"18.2\/8\/4\/18.2-367","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-366\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 6 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s 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<\/a>; in 2020, chapters 122<\/a> and 900<\/a>.<\/p>","references":[{"id":71312,"section_number":"16.1-241","catch_line":"Jurisdiction; consent for abortion","order_by":null,"url":"\/16.1-241\/"},{"id":85077,"section_number":"16.1-272","catch_line":"Power of circuit court over juvenile offender","order_by":null,"url":"\/16.1-272\/"},{"id":80246,"section_number":"17.1-805","catch_line":"Adoption of initial discretionary sentencing guideline midpoints","order_by":null,"url":"\/17.1-805\/"},{"id":86551,"section_number":"18.2-370.2","catch_line":"Sex offenses prohibiting proximity to children; penalty","order_by":null,"url":"\/18.2-370.2\/"},{"id":78807,"section_number":"18.2-61.1","catch_line":"Testing of certain persons for sexually transmitted infections","order_by":null,"url":"\/18.2-61.1\/"},{"id":54441,"section_number":"18.2-67.5:2","catch_line":"Punishment upon conviction of certain subsequent felony sexual assault","order_by":null,"url":"\/18.2-67.5_2\/"},{"id":71989,"section_number":"18.2-67.8","catch_line":"Closed preliminary hearings","order_by":null,"url":"\/18.2-67.8\/"},{"id":76061,"section_number":"19.2-268.2","catch_line":"Recent complaint hearsay exception (Subdivision (23) of Supreme Court Rule 2:803 derived from this section)","order_by":null,"url":"\/19.2-268.2\/"},{"id":64807,"section_number":"19.2-268.3","catch_line":"Admissibility of statements by children in certain cases","order_by":null,"url":"\/19.2-268.3\/"},{"id":66486,"section_number":"19.2-271.2","catch_line":"Testimony of spouses in criminal cases (Subsection (b) of Supreme Court Rule 2:504 derived from this section)","order_by":null,"url":"\/19.2-271.2\/"},{"id":75041,"section_number":"19.2-299","catch_line":"Investigations and reports by probation officers in certain cases","order_by":null,"url":"\/19.2-299\/"},{"id":61280,"section_number":"19.2-392.02","catch_line":"National criminal background checks by businesses and organizations regarding employees or volunteers providing care to children or the elderly or disabled","order_by":null,"url":"\/19.2-392.02\/"},{"id":60825,"section_number":"20-124.1","catch_line":"Definitions","order_by":null,"url":"\/20-124.1\/"},{"id":79167,"section_number":"20-49.1","catch_line":"How parent and child relationship established","order_by":null,"url":"\/20-49.1\/"},{"id":60670,"section_number":"22.1-289.041","catch_line":"Sex offender or child abuser prohibited from operating or residing in family day home; penalty","order_by":null,"url":"\/22.1-289.041\/"},{"id":57240,"section_number":"63.2-1202","catch_line":"Parental, or agency, consent required; exceptions","order_by":null,"url":"\/63.2-1202\/"},{"id":80789,"section_number":"63.2-1222","catch_line":"Execution of entrustment agreement by birth parent(s); exceptions; notice and objection to entrustment; copy required to be furnished; requirement for agencies outside the Commonwealth","order_by":null,"url":"\/63.2-1222\/"},{"id":69788,"section_number":"63.2-1233","catch_line":"Consent to be executed in juvenile and domestic relations district court; exceptions","order_by":null,"url":"\/63.2-1233\/"},{"id":59659,"section_number":"63.2-1530","catch_line":"Virginia Child Protection Accountability System","order_by":null,"url":"\/63.2-1530\/"},{"id":83322,"section_number":"63.2-903","catch_line":"Entrustment agreements; adoption","order_by":null,"url":"\/63.2-903\/"},{"id":80819,"section_number":"9.1-902","catch_line":"Offenses requiring registration","order_by":null,"url":"\/9.1-902\/"}],"refers_to":false,"permalink":{"id":167771,"object_type":"law","relational_id":76153,"identifier":"18.2-366","token":"18.2\/8\/4\/18.2-366","url":"\/18.2-366\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-366\/","token":"18.2\/8\/4\/18.2-366","dublin_core":{"Title":"Sexual intercourse by persons forbidden to marry; incest; penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-366","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any person who engages in sexual intercourse with any person whom he is forbidden by law<\/span> to marry is guilty of a Class 1 misdemeanor<\/span> except as provided by subsection B. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> 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<\/span>. 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<\/span>, such parent or grandparent is guilty of a Class 3 felony<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> For the purposes of this section, parent includes stepparent, grandparent includes step-grandparent, child includes a stepchild, and grandchild includes a step-grandchild. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSEXUAL INTERCOURSE BY PERSONS FORBIDDEN TO MARRY; INCEST; PENALTIES (\u00a7\n18.2-366)\n\nA. Any person who engages in sexual intercourse with any person whom he is\nforbidden by law to marry is guilty of a Class 1 misdemeanor except as provided\nby subsection B.\n\nB. Any person who engages in sexual intercourse with his daughter or\ngranddaughter, son or grandson, or father or mother is guilty of a Class 5\nfelony. However, if a parent or grandparent engages in sexual intercourse with\nhis child or grandchild, and such child or grandchild is at least 13 years of\nage but less than 18 years of age at the time of the offense, such parent or\ngrandparent is guilty of a Class 3 felony.\n\nC. For the purposes of this section, parent includes stepparent, grandparent\nincludes step-grandparent, child includes a stepchild, and grandchild includes a\nstep-grandchild.\n\nHISTORY: Code 1950, \u00a7 18.1-191; 1960, c. 358; 1975, cc. 14, 15; 1981, c. 397;\n1993, c. 703; 2014, c. 542; 2020, cc. 122, 900.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}