Information on the crime of incest is found at California penal code section 285. The following is a brief overview of the law and punishment related to PC 285 incest crimes.

 

For more information, contact our sex crimes criminal defense lawyers today for a free consultation.

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PC 285 Law

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PC 285: Persons knowingly are related to each other within a certain degree of consanguinity (blood), who either marry one another, or who are fourteen years of age or older and commit fornication or adultery with each other, are guilty of incest (Abbrev.).

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Sexual intercourse & Fornication: Per penal code 285, sexual intercourse or fornication means any penetration, no matter how slight, of the vagina or genitalia by the penis.

 

Sexual intercourse or fornication also includes oral sex (oral copulation), mutual masturbation, sodomy, sexual penetration by foreign object, or sexual touching of the genitals that does not include penetration by the penis into the vagina.

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Degree of blood relationship (consanguinity) proscribed by incest law:

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• Blood relationship between a child and parent

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• Blood relationship between full siblings

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• Blood relationship between grandparent and grandchild

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• Blood relationship between great-grandparent and great-grandchild

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• Blood relationship between aunt or uncle to niece or nephew

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• Half-blood relationship between siblings (stepsister or stepbrother)

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• Half-blood relationship between aunt or uncle to niece or nephew

 

Note: Same sex relationships are also covered under incest law.

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PC 285 Punishment

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Prison Sentence: PC 285 is classified as a felony. If found guilty of incest, the defendant may face up to three years in prison (PC285-F).

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Probation sentence: A probation sentence is a period of supervision, as opposed to a prison sentence. A probation sentence may be available in some incest cases depending on the egregiousness of the case and the defendant's criminal history.

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Probation sentences carry 'terms of probation,' which must be obeyed to remain on probation. These terms of probation in PC 285 cases usually include, but are not limited to, the following: pay restitution for any economic loss to the victim, stay out of trouble (no felony or misdemeanor crime while on probation), register as a sex offender pursuant to PC 290, submit to polygraph examinations during probation, and more).

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No Suspended Prison Sentence: If the accused is found guilty of incest, and he or she is not granted a probation sentence, then the defendant must serve his or her incarceration in a California state prison, as opposed to a local county jail.

 

In addition, prison sentences for PC 285 may neither be split (served partially in prison and partially out of prison on work release), nor suspended (not served unless the defendant violates a condition of probation).

 

Sex Offender Registration: A conviction of incest pursuant to PC 285 will require the defendant to register as a sex offender with local law enforcement. The length of sex offender registration is twenty (20) years under California’s new Tier System for Sex Offenders (PC 290(d)(2)).

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Criminal Protective Orders (CPO): A criminal protective order will almost always be issued against a PC 285 defendant when the defendant is eighteen (18) years of age or older and the other party (victim) is under the age of eighteen (18) years of age. The criminal protective order in an incest case is designed to protect the incest victim from further contact by the defendant.

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Note: When one of the parties to a criminal incest case is underage eighteen (18) years of age, the defendant will face additional sex crimes criminal charges (in addition to the PC 285 criminal charges), such as lewd act on a child under 14 (PC 288(a)), statutory rape (PC 261.5), continuous sexual abuse of a child (PC 288.5), etc., depending on the facts of the case. This is because a minor is legally too young to voluntarily consent to the incestuous sex act.

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Collateral Punishment: In addition to a possible prison sentence, if found guilty of incest, the defendant may suffer harsh probation or parole terms, penalty fines, Child Protection Services (CPS) consequences, immigration and professional licensing consequences, firearm restriction consequences, and more.

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Defense to PC 285

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The most common defenses to incest criminal charges include:

 

• insufficient evidence to prove the defendant knew, or reasonably should have known, of his or her degree of blood relationship to the other person (mistake of fact),

 

• insufficient evidence to prove a sexual relationship occurred (i.e., sexual intercourse, sodomy, oral copulation, etc.),

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• statute of limitations (10 Years from the date of the alleged PC 285 offense),

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• coerced confessions or other police investigation misconduct,

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• lack of jurisdiction to prove where the sexual intercourse took place,

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• intoxication or insanity, and more.

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For more common defenses to PC 285 incest charges, see Sex Crimes Defense Options.

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If you or a loved one is charged with incest, or penal code 285, contact our sex crimes criminal defense attorneys today. Our team of highly experienced criminal defense attorney have successfully helped hundreds of clients charged with misdemeanor and felony sex crimes, including incest criminal charges.

 

There is no charge for a discreet consultation with our attorneys every day of the week. Call today!

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909-913-3138

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