Prohibited Sexual Conduct

Chapter 25 of the Texas Penal Code places restrictions and guidelines on offenses dealing with the family.

“Prohibited Sexual Conduct” as per § 25.02 of the Texas Penal Code, forbids the following sexual acts:

the actor's ancestor or descendant by blood or adoption;
the actor's current or former stepchild or stepparent;
the actor's parent's brother or sister of the whole or half blood;
the actor's brother or sister of the whole or half blood or by adoption;
the children of the actor's brother or sister of the whole or half blood or by adoption; or
the son or daughter of the actor's aunt or uncle of the whole or half blood or by adoption.

An offense under 1) constitutes a second degree felony, an offense under 2-6 constitutes a third degree felony.

Punishment Range

Third Degree Felony

Imprisonment in the institutional division for not more than 10 years or less than two years
In addition to imprisonment, may receive a fine not to exceed $10,000

Second Degree Felony

Imprisonment in the institutional division for not more than 20 years or less than two years
In addition to imprisonment, may receive a fine not to exceed $10,000

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