People who are within the degrees of familial blood relationship that deem marriage void because it is legally incestuous commit a serious crime by engaging with each other in legally prohibited ways. Under Idaho Incest law, such illegal involvement between family members may include intermarrying, fornicating, or committing adultery with one another. In Idaho, the crime of Incest is punishable by a sentence up to life in prison.
If you have been charged with Incest in Idaho, you need the best sex crimes attorney Idaho can offer to help you protect your freedom.
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- Incest Convictions in Idaho
- Penalties for Incest in Idaho
- Statute of Limitations on Incest Charges
- Charged with Incest in Idaho?
- Best Defense Against Incest Charges in Idaho
Incest Convictions in Idaho
In July 2009, because of their familial blood relationship, an Idaho couple, Brian Lee Reed (age 30) and his half-sister, Marilyn Renee Lee (age 36), were reportedly arrested for having consensual sex. In November 2017, another defendant in an Idaho Incest case, Misty Spann, reportedly pleaded guilty to the crime of Incest by illegally marrying her biological mother, Patricia.
Despite concerns that the moral argument supporting the classification of Incest as a criminal offense in such cases is constitutionally dubious, the criminalization of Incest remains in Idaho. Arguments that adults should have a legal right to choose their personal moral constructs have been so far overwhelmed by the concern about the potential for genetic abnormalities in children born of incestuous sexual relationships.
However, exceptions are not made for couples who cannot conceive or who use birth control means to prevent conception. Further, no exception is made in the law for cases of half-brothers and half-sisters or other familial relations. Although there is some research indicating the risk for such defects is not higher than in mating among random members of the general public.
Some researchers have reportedly based their recommendations for decriminalizing Incest on such grounds. In fact, it has been asserted that the State of Idaho should be required to prove that a potentially problematic genetic connection exists to make a rational case.
Penalties for Incest in Idaho
Under Idaho state laws, the maximum sentence for incest is a life sentence in state prison. A prosecutor’s argument for the maximum sentence under Idaho Code 18-6602 is stronger in cases of Incest involving siblings than those against cousins, for example. The act of Incest is highly offensive to a majority of U.S. Americans. It has been argued that the basis for the criminalization of the act of Incest is more personal and moral than practical and scientific.
Statute of Limitations on Incest Charges
Under Idaho Code Chapter 66 Section 18-6602, the prosecution of people accused of Incest must be initiated within the statute of limitations for this crime. A complaint must be filed or an indictment must be obtained within a maximum of five years from the time the alleged crime of Incest was committed. See the state Statute of Limitations per Idaho Code 19-402.
If You are Charged with Incest in Idaho
Incest is a very serious crime in Idaho, punishable by a maximum of life in prison. So, if you have been arrested and charged with Incest, per Idaho Code 18-6602, you will need to build the best possible case for your defense. You should work with the best sex crimes lawyer in Boise, Idaho. An experienced sex crimes attorney knows how to ensure that all your legal rights are fully protected and that everything that must be done is done to present the best possible case for you.
For the Best Defense Against Incest Charges in Idaho
Sawtooth Defense Lawyers is a group of criminal defense lawyers in Boise, Idaho. We specialize in sex crime cases. We have helped many people in Idaho by providing their best defense against sex crime charges. Our experienced legal team knows what it takes to present the most effective defense possible to help keep you out of jail and off the State sex offender registry.