Yes, incest is illegal in Alabama. Under Alabama Code Section 13A-13-3, marrying or having sexual intercourse with a close relative is a Class C felony, punishable by one year and a day to ten years in prison and a fine of up to $15,000. A conviction can also bring sex offender registration, loss of civil rights, and grounds for termination of parental rights.
Which Relatives the Law Covers
Section 13A-13-3 lists the family relationships that trigger the statute:
- Ancestors and descendants by blood or adoption, including parents and children, grandparents and grandchildren.
- Brothers and sisters of the whole or half blood, or by adoption.
- Stepparents and stepchildren, but only while the marriage that created the step-relationship is still in effect.
- Aunts, uncles, nieces, and nephews of the whole or half blood.
The statute applies whether the relationship is “legitimate or illegitimate.” Relatives born outside marriage are treated the same as those born within one. The stepparent category is the one carve-out that depends on a current marriage; if the marriage ends by divorce or death, that specific prohibition drops away.
Marriage and Sex Are Both Criminal
The statute covers two acts: sexual intercourse and marriage. Attempting to marry a covered relative is itself a crime, separate from any sexual conduct.
Consent between the parties does not matter. Two adults who willingly enter a sexual relationship are equally guilty if they fall within the prohibited degrees of kinship. What does matter is knowledge. The statute reaches a person who has intercourse with or marries someone they “know to be” a covered relative, so prosecutors have to prove the defendant knew about the family connection. A person with no idea they were related has a potential defense, though establishing that lack of knowledge is its own uphill fight.
First Cousins
First cousins are not on the list in the incest statute. They are, however, barred from marrying each other under Section 30-1-3, which prohibits incestuous marriages. So a first-cousin sexual relationship may fall outside the felony statute, but a first-cousin marriage is not legal in Alabama.
Prison Time and Fines
Incest is a Class C felony. The sentencing range runs from one year and one day up to ten years, with the judge exercising discretion based on prior record and the facts of the case. A fine of up to $15,000 is available, and courts can add court costs, restitution, and mandatory counseling or treatment.
Sex Offender Registration
Registration is not automatic in every incest case. Alabama’s Community Notification Act requires registration when the offender is an adult and the victim is a minor. When that condition is met, the obligation is heavy: lifetime registration, with in-person verification at local law enforcement every three months.
If both parties were adults, registration may not be triggered under the statute’s definition of a criminal sex offense. The line is narrow, and anyone charged should treat registration as a live possibility until defense counsel says otherwise.
How Long Prosecutors Have to File Charges
Alabama’s general felony statute of limitations is five years from the date of the offense. Incest is not among the crimes given extended or eliminated deadlines under Sections 15-3-3 or 15-3-5, so the five-year window applies. Once that time runs from the last criminal act, prosecution is generally barred. Some states have removed time limits for incest, particularly where a minor was involved; Alabama has not.
Life After a Conviction
A felony conviction in Alabama automatically strips several civil rights. You lose the right to vote, possess firearms, serve on juries, and hold public office. Restoring voting rights requires a separate legal process after the sentence is complete, and firearm rights are harder still to recover.
The record is permanent and shows up on background checks indefinitely. Professional licensing boards in fields like healthcare, education, law, and finance can deny or revoke a license based on a felony conviction.
On the family side, an incest conviction can support termination of parental rights under Alabama Code Section 12-15-319, especially if a child was born from the offense. A petition still has to be filed in juvenile court, but the conviction itself carries significant weight.