California Penal Code §285 — Incest
PC §285 makes it a felony for adult relatives — parents, children, siblings, half-siblings, uncles/aunts, and nieces/nephews — to marry or engage in sexual intercourse. Straight felony with 16 months, 2, or 3 years state prison. Consent is not a defense.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Incest Cases in All LA County Courts
01 — Quick Facts
PC §285 — Incest at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §285 — Incest |
| Code Type | Penal Code (PC) |
| Classification | Felony |
| Penalty | 16 months, 2, or 3 years state prison |
| Strike | No |
| PC §290 Registration | Discretionary — court may order |
| Consent | Not a defense |
| Immigration | CIMT — deportable |
| Free Consultation | (213) 723-2337 — 24/7 |
01 — What Is PC §285?
What Is California Penal Code §285?
PC §285 Reads:
"Persons being within the degrees of consanguinity within which marriages are declared by law to be incestuous and void, who intermarry with each other, or who commit fornication or adultery with each other, are punishable by imprisonment in the state prison."
— California Penal Code §285
PC §285 criminalizes marriage or sexual intercourse between adults who are related within degrees prohibited by California Family Code §2200 — parents/children, grandparents/grandchildren, siblings (whole or half), uncles/aunts, and nieces/nephews (including step relationships when biological relationship exists). Consent between adults is legally irrelevant.
PC §285 vs. Child Sex Offenses (PC §288 / §269)
PC §285 targets adult-adult incestuous conduct. When one participant is a minor, prosecutors instead file the more serious child-sex statutes (PC §288, §288.5, §269, §261) which carry vastly higher terms.
PC §285 — Incest
Adult-adult intercourse between relatives within FC §2200 degrees. 16 mo / 2 / 3 yrs prison. Consent no defense.
PC §288.5 — Continuous Sexual Abuse
3+ acts of substantial sexual conduct with minor under 14 over 3+ months. 6, 12, or 16 years prison — strike.
Why §285 Charges Are Serious
Even without §290 mandatory registration, a §285 conviction is a straight felony with state-prison exposure, a crime involving moral turpitude for immigration purposes, and a permanent mark on public record. Prosecutors often add PC §288 or §261 charges when the alleged conduct crosses age or consent lines — dramatically raising exposure.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §285
To convict under PC §285, the prosecution must prove each element beyond a reasonable doubt.
Both Parties Are Related Within Prohibited Degrees
The parties fall within the consanguinity degrees defined by California Family Code §2200: parents/children, grandparents/grandchildren, siblings (whole or half), uncles/aunts, or nieces/nephews.
Sexual Intercourse or Marriage Occurred
The parties either intermarried or engaged in sexual intercourse (fornication or adultery). Non-intercourse sexual acts do not qualify under §285 alone.
Knowledge of the Relationship
The defendant knew of the family relationship at the time of the act (People v. Baker).
04 — Penalties
Penalties for PC §285 Incest in California
PC §285 is a straight felony with triad sentencing. Probation is available but rare.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Incest | PC §285 | 16 months, 2, or 3 years prison | Available in limited cases | No |
| Bigamy | PC §281 | Up to 1 year jail (misdo) or 3 yrs prison | Available | No |
| Continuous Sexual Abuse of Child | PC §288.5 | 6, 12, or 16 years prison | No | Yes — Strike |
| Lewd Acts With Minor Under 14 | PC §288(a) | 3, 6, or 8 years prison | Rare | Yes — Strike |
Aggravating Companion Charges
Lewd Acts With Minor
PC §288
Filed when the victim is under 14 — replaces §285 with 3–8 year strike exposure.
Statutory Rape
PC §261.5
Filed when the relative is under 18. Wobbler up to 4 years prison.
Rape
PC §261
Filed if intercourse was non-consensual. 3, 6, or 8 years — strike.
Aggravated Sexual Assault of Child
PC §269
Filed when victim is under 14 with 7-year age gap AND force — 15-to-life.
Continuous Sexual Abuse
PC §288.5
Filed when 3+ acts of substantial sexual conduct occurred with a minor under 14 over 3+ months.
Collateral Consequences
- Discretionary PC §290 sex-offender registration
- Crime involving moral turpitude — immigration removal
- Loss of firearm rights (felony conviction)
- Loss of parental / custodial rights
- Void marriage under Family Code §2200
- Professional licensing consequences
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §285 Incest Charges
Rubin Law, P.C. defends §285 cases by attacking the relationship element, knowledge, act, and consent-adjacent facts.
No Biological Relationship
Genetic testing establishes the parties are not actually related within the prohibited FC §2200 degrees — even if raised as family.
FC §2200
No Knowledge of Relationship
The defendant did not know of the biological relationship at the time of the alleged act — a required element under People v. Baker.
People v. Baker
No Sexual Intercourse
The conduct alleged did not include sexual intercourse — non-intercourse contact is not §285.
PC §285
False Allegation / Motive
Family disputes, inheritance battles, and custody proceedings routinely generate false §285 allegations.
Evid. §780
Statute of Limitations
Standard 3-year felony SOL under PC §801 unless a minor victim triggers extended limits (§801.1, §803(f)).
PC §801
Illegal Search / Miranda Suppression
Suppression of DNA, phone data, and statements obtained without a warrant or Miranda.
PC §1538.5 / Miranda
Constitutional Sources
07 — Court Process
How PC §285 Incest Cases Move Through Los Angeles Courts
How a §285 case moves through LA County courts.
- 1
Step 1 — Arrest & Booking
Invoke Miranda; do not consent to DNA swabs or phone searches without counsel.
- 2
Step 2 — Arraignment
Charges read, plea entered. Felony bail typically $50,000–$150,000 depending on companion charges.
- 3
Step 3 — Preliminary Hearing
Attack biological relationship, knowledge, and intercourse elements.
- 4
Step 4 — Pre-Trial Motions
PC §1538.5 suppression; motions to dismiss under statute of limitations; Evid. §1108 in-limine.
- 5
Step 5 — Plea Negotiations
Negotiate to non-registrable, non-strike disposition (§647(b) misdemeanor or §32 accessory) where evidence permits.
- 6
Step 6 — Trial or Resolution
Bench or jury trial; sentencing at 16 mo / 2 / 3 yrs plus discretionary §290 registration.
Los Angeles Courts That Handle PC §285 Incest Cases
Common LA-area courthouses handling PC §285 filings.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Incest Defense Attorney
Daniel S. Rubin has defended clients charged with incest and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §285 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Incest Cases Throughout LA County
09 — FAQs
PC §285 Incest Questions — Los Angeles
What relationships fall under PC §285?
Family Code §2200 lists them: parents/children, grandparents/grandchildren, siblings (whole and half), uncles/aunts, and nieces/nephews. Cousin relationships are NOT within the prohibited degrees in California.
Is consent a defense to PC §285?
No. §285 criminalizes the act itself regardless of consent between adults. Consent may be relevant to related charges (rape) but not to the incest count.
What is the penalty for PC §285?
PC §285 is a straight felony punishable by 16 months, 2, or 3 years in state prison. Probation is available but not the norm.
Does PC §285 require sex-offender registration?
Registration under PC §290 is discretionary, not mandatory. The court may order it under PC §290.006 based on the nature of the offense.
Are cousins covered by PC §285?
No. First-cousin marriage and sexual conduct is legal in California — cousins are not within the prohibited degrees in Family Code §2200.
Are step-relatives covered by PC §285?
Only if there is a biological relationship. Purely step or adoptive relationships without genetic consanguinity fall outside §285, though other statutes (PC §288) may apply.
What is the statute of limitations for PC §285?
Standard 3-year felony SOL under PC §801 unless a minor victim triggers extended limits under PC §801.1 or §803(f) (up to age 40 for qualifying child-sex offenses).
Can PC §285 charges be reduced?
Yes. Depending on the evidence and biological-relationship proof, §285 can often be reduced to PC §647(b) misdemeanor or dismissed entirely with skilled defense.
Available 24/7 — Free Consultation
Charged With PC §285 Incest in Los Angeles?
Felony state-prison exposure, potential sex-offender registration, and permanent immigration consequences make §285 a case where early defense counsel matters. Call Rubin Law, P.C. now.