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New Jersey law takes an unusual position when it comes to incest, one that often surprises residents and legal experts alike. The answer depends on age, consent, and the type of relationship involved.
The short answer is that New Jersey does not criminalize consensual sexual relationships between adults who are closely related. The longer explanation is far more complex.
Why adult incest is not a crime in New Jersey
Since 1978, New Jersey’s Criminal Code has not included a statute specifically prohibiting incest between consenting adults. It was then that the state rewrote its Criminal Code and removed the prior statute prohibiting incest without replacing it.
Presently, there is no New Jersey statute that makes consensual sex between adults who are 18 or older illegal merely because they are related, even when the relation is very close (i.e., parents and children, aunts/uncles and their adult nieces/nephews, etc.).
Since New Jersey’s Sexual Assault Statutes focus on issues of consent, use of force, coercion, or age, they do not prohibit consensual sex between consenting adults, regardless of the degree of kinship.
Therefore, New Jersey, like Rhode Island, is one of the only two states in the U.S. where consenting adult incest is not classified as a criminal offense.
Marriage and civil unions are still prohibited
Although consenting adult incest is not considered a criminal act, all incestuous marriages/civil unions are still unlawful in New Jersey.
In fact, State Law prohibits marriage between close relatives, including but not limited to, ancestors and descendants, brothers/sisters, aunts/uncles, and nieces/nephews. Furthermore, whether or not a couple gives their informed consent, whether the parties are of equal age, and regardless of the degree of relationship, such a marriage/civil union will be deemed invalid and unenforceable.
In other words, the lack of a criminal statute does not confer legal legitimacy upon incestuous relationships.
Incest involving minors is strictly illegal
Regardless of whether an individual has given his/her consent, any sexual contact with a minor is a felony in New Jersey.
Sexual contact with a person less than 18 years old can be charged as either sexual assault, aggravated sexual assault, or child endangerment. Where the offender is a family member, the potential punishments are generally harsher.
Additionally, New Jersey law specifically makes it a crime for an adult to engage in incest with a 16- or 17-year-old minor if the minor is a child or grandchild, or if the adult is a parent, guardian, or other close relative to the child.
It is important to note that consent is not a valid defense against charges of incest involving minors.
Consent is not a defense in these cases.
Attempts to change the law
In recent years, lawmakers have introduced bills aimed at creating a new incest crime in New Jersey. One such proposal during the 2024–2025 legislative session would have explicitly criminalized incest between adults.
Those bills have not passed. As of 2026, the legal status remains unchanged.
A legal distinction that causes confusion
New Jersey’s approach often leads to public confusion. Many people assume incest is illegal everywhere under criminal law. In New Jersey, the issue is addressed indirectly through marriage laws and child protection statutes rather than a standalone criminal ban for adults.
The result is a legal framework that permits adult consensual relationships while maintaining strict boundaries around marriage, coercion, and the protection of minors.
What residents should understand
Adult consensual incest is not a crime in New Jersey. Incestuous marriages are void. Any sexual activity involving minors is illegal and aggressively prosecuted.
That distinction reflects how the state’s criminal code has evolved over time, not an endorsement of the behavior itself.