76-7-102. Incest -- Definitions -- Penalty.
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Effective 9/1/2025
76-7-102. Incest -- Definitions -- Penalty.
(1)As used in this section:
(a)"Provider" means a person who provides or makes available his seminal fluid or her human egg.
(b)"Related person" means a person related to the provider or actor as an ancestor, descendant, brother, sister, uncle, aunt, nephew, niece, or first cousin, and includes:
(i)blood relationships of the whole or half blood, regardless of whether the relationship is legally recognized;
(ii)the relationship of parent and child by adoption; and
(iii)the relationship of stepparent and stepchild while the marriage creating the relationship of a stepparent and stepchild exists.
(a)An actor is guilty of incest when, under circumstances not amounting to rape, rape of a child, or aggravated sexual assault, the actor knowingly and intentionally:
(i)engages in conduct under Subsection (2)(b)(i) ,
(ii),
(iii), or
(iv); or
(ii)provides a human egg or seminal fluid under Subsection (2)(b)(v) .
(b)Conduct referred to under Subsection (2)(a) is:
(i)sexual intercourse between the actor and a person the actor knows has kinship to the actor as a related person;
(ii)the insertion or placement of the provider's seminal fluid into the vagina, cervix, or uterus of a related person by means other than sexual intercourse;
(iii)providing or making available his seminal fluid for the purpose of insertion or placement of the fluid into the vagina, cervix, or uterus of a related person by means other than sexual intercourse;
(iv)a woman 18 years of age or older who:
(A)knowingly allows the insertion of the seminal fluid of a provider into her vagina, cervix, or uterus by means other than sexual intercourse; and
(B)knows that the seminal fluid is that of a person with whom she has kinship as a related person; or
(v)providing the actor's sperm or human egg that is used to conduct in vitro fertilization, or any other means of fertilization, with the human egg or sperm of a person who is a related person.
(c)This Subsection
(2)does not prohibit providing a fertilized human egg if the provider of the fertilizing sperm is not a related person regarding the person providing the egg.
(3)Incest is a third degree felony.
(4)A provider under this section is not a donor under Section 81-5-702 .
Amended by Chapter 426 , 2025 General Session