Penal Law § 255.26 · Article 255. Offenses Affecting the Marital Relationship
Incest in the second degree
Text — Law content up to date as of October 23, 2026, as published by the New York State Senate (Open Legislation)
§ 255.26 Incest in the second degree.
A person is guilty of incest in the second degree when he or she commits the crime of rape in the second degree, as defined in section 130.30 of this part, or a crime formerly defined in section 130.45 of this part, against a person whom he or she knows to be related to him or her, whether through marriage or not, as an ancestor, descendant, brother or sister of either the whole or the half blood, uncle, aunt, nephew or niece.
Incest in the second degree is a class D felony.
Source of truth
- Edition
- Law content up to date as of October 23, 2026, as published by the New York State Senate (Open Legislation)
- Official file
- https://legislation.nysenate.gov/pdf/laws/PEN255.26
- Text hash
- sha256 67d92eaa184f2a15fe2be5d9b1c2c99b2f581953dc456145d8e2bd6b5ef04b4a
- Composed by
- gen_ny_statutes.py 2026-11-10: the Senate's Open Legislation law tree (GET /api/3/laws/<ID>?full=true) read in document order; the Senate's PDF of the whole law (GET /pdf/laws/<ID>?full=true), read with PDFium, prints the same words in the same order
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.