Incest

In Texas, incest is a serious crime. The offense is committed when people who are related to one another engage in sexual activity or get married. This includes sisters, brothers, uncles, aunts, nieces, nephews, mothers, fathers, grandmothers, and grandfathers.

The penalties for a sex crime such as incest include years in prison, expensive fines, and any other term or condition imposed by the court. If you or someone you know has been charged with incest, contact the experienced legal team at The Benken Law Firm.

Texas Incest Attorney

Sex crimes carry tough penalties in the State of Texas. If you’ve been accused of incest, we urge you to contact The Benken Law Firm. With his years of experience and study, sex crimes attorney Brian Benken will work tirelessly to ensure you receive the best possible outcome for your case.

Schedule your first consultation today by calling (713) 223 - 4051. The Benken Law Firm accepts clients throughout the greater Houston area including Lawndale, River Oaks, Hedwig Village, and many others. Attorney Benken also accepts clients in all parts of Harris County and throughout the state of Texas.


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Incest in Texas

The crime of incest is defined under the Texas Penal Code Section 25.02. According to the statute, an individual can be charged with incest if he or she engages in sexual intercourse or deviate sexual intercourse with any of the following family members:

  • Ancestor or descendant by blood or adoption
  • Current or former stepchild or stepparent
  • Parent’s brother or sister
  • Brother or sister
  • Children of brother or sister
  • Son or daughter of aunt or uncle

Under Texas law, “deviate sexual intercourse” is defined as any contact between the genitals of one person and the mouth or anus of another person with intent to arouse or gratify sexual desire. “Sexual intercourse” is defined as any penetration of the female sex organ by the male sex organ.


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Penalties for Incest in Texas

The punishment for incest is defined by how the offense is classified. Section 25.02 of the Texas Penal Code states that incest is categorized as a third-degree felony which is punishable by 2 to 10 years of imprisonment and up to $10,000 in fines. However, there is an exception.

If the incestual act occurred between the individual and the ancestor or descendant, incest is escalated to a second-degree felony.  A second-degree felony in Texas is punishable by 2 to 20 years of imprisonment and up to $10,000 in fines.


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Additional Resources

Texas Penal Code: Incest – Access the official website for the Texas Penal Code to view section 25.02 which constitutes the incest crime. You can view the types of sexual conduct that are prohibited under Texas law and its corresponding penalties.

Texas Department of Public Safety: Sex Offender Registry – Access the official website for the Texas Department of Public Safety to view information regarding the sex offender registry. You can also view a list of frequently asked questions (FAQs) such as who is required to register as a sex offender and more.


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Houston Incest Lawyer | Harris County, TX

If you or someone you know has been charged with incest, reach out to an experienced criminal defense attorney immediately. Your future and freedom are at stake and the sooner you fight these accusations, the better. Brian Benken at The Benken Law Firm is a competent sex crimes lawyer that can form a strong defense for your case and ensure your rights are upheld.

The Benken Law Firm defends those accused of incest throughout all communities in Harris County and surrounding counties in Texas. Call (713) 223 - 4051 to schedule a free consultation with The Benken Law Firm today.


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(713) 223 - 4051
Benken Law