Section 35-46-1-3 - Incest(a) A person eighteen (18) years of age or older who engages in sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5) with another person, when the person knows that the other person is related to the person biologically as a parent, child, grandparent, grandchild, sibling, aunt, uncle, niece, or nephew, commits incest, a Level 5 felony. However, the offense is a Level 4 felony if the other person is less than sixteen (16) years of age.(b) It is a defense that the accused person's otherwise incestuous relation with the other person was based on their marriage, if the marriage was valid where it was entered into.Amended by P.L. 158-2013, SEC. 549, eff. 7/1/2014.As added by Acts1976 , P.L. 148, SEC.6. Amended by Acts1977 , P.L. 340, SEC.86; P.L. 158-1987, SEC.5; P.L. 79-1994, SEC.16.