16-6-22. Incest.

A person commits the offense of incest when such person engages in sexual intercourse or sodomy, as such term is defined in Code Section 16-6-2, with a person whom he or she knows he or she is related to by blood, by adoption, or by marriage as follows:#

1. (1)

   Father and child or stepchild;#

2. (2)

   Mother and child or stepchild;#

3. (3)

   Siblings of the whole blood or of the half blood or by virtue of adoption;#

4. (4)

   Grandparent and grandchild of the whole blood or of the half blood or by virtue of adoption;#

5. (5)

   Aunt and niece or nephew of the whole blood or of the half blood or by virtue of adoption; or#

6. (6)

   Uncle and niece or nephew of the whole blood or of the half blood or by virtue of adoption.#

A person convicted of the offense of incest shall be punished by imprisonment for not less than ten nor more than 30 years; provided, however, that any person convicted of the offense of incest under this subsection with a child under the age of 14 years shall be punished by imprisonment for not less than 25 nor more than 50 years. Any person convicted under this Code section of the offense of incest shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.#

1. (1)

   As used in this subsection, the term “sexual felony” shall have the same meaning as set forth in paragraph (2) of subsection (j) of Code Section 16-5-21.#

2. (2)

   Any person having been previously convicted of a sexual felony who is convicted of the offense of incest shall be punished by imprisonment for life or a split sentence that is a term of imprisonment followed by probation for life. As a condition of probation, the court shall impose the requirement of electronic monitoring as set forth in paragraph (14) of subsection (a) of Code Section 42-8-35.#