A Guide to Incest in Texas
Posted 1 January 2025Yeah, sure, let's start 2025 off with this.
So, this is gonna be a short, but weird one. We're gonna discuss incest in Texas, and specifically Texas Penal Code Section 25.02, Prohibited Sexual Conduct. (It's called "prohibited sexual conduct", but, if you read the text of the statute, it's incest.) Even more specifically, we're gonna discuss weird things that aren't included in this statute.
Before we begin, let's get something out of the way. This is not intended to promote incest. I mean, you do you, I suppose. I can't stop you. But, like, you probably shouldn't go fucking your siblings. At any rate, it's certainly not my kink, let's put it that way. This also isn't proper legal advice. In other words, if you use this as a guide to getting away with incest in Texas and end up in prison anyways, it's not my fault. I am not a lawyer, nor do I wish to be one. The entire point of this post is basically just me going "Huh, this is kinda weird, isn't it?" So, yeah.
Anyways, before we get into those weird exceptions, let's talk about what this statute even does. Basically, it makes certain forms of incest a third-degree or second-degree felony depending on who it's with.
So, who do you need to fuck for it to be incest? Well, to sum it up:
- Your parents regardless of whether biological, adopted, or step
- Your kids regardless of whether biological, adopted, or step
- Your siblings, regardless of whether full, half, adopted, or step
- Your siblings' kids, but only full, half, and adopted siblings
- Your parents' full or half siblings
- Your aunts' or uncles' children, but only if your parent's full, half, or adopted sibling
So, basically, your parents, kids, siblings, nieces/nephews, aunts/uncles, and first cousins. Note that "step" also counts former step parents and siblings. Additionally, back to second-/third-degree felony, it's second-degree if it's your parents or kids and third-degree otherwise.
Anyways, you may have already noticed weird exceptions. Like, it's incest if it's your niece or nephew unless it's your step sibling's child, in which case, they're fair game. Similarly, your parents' step siblings and their children are fine, as are your parents' adopted siblings (but, notably, not their kids). Additionally, further out relatives aren't included. So, if you wanna fuck your grandparents or grandchildren, that's perfectly fine.
This does actually raise an interesting question with regards to exceptions for abortion for pregnancies due to incest. Was that based on criminal incest or the broader public understanding? In other words, if your grandad gets you pregnant, is that pregnancy due to incest? If it's based on the broader understanding, then yes and you can get an abortion, but if it's based on criminal incest, than it's not and you can't get an abortion. (Granted, it's a moot point, because I'm pretty sure our only exception post-Dobbs is to save the life of the mother, and even then what that means is still pretty unclear, but, you know. What was the case back when you could still get abortions here?)
Anyways, so, all of this is all well and good, but what does it mean to have sex with one of these forbidden people? Well, 20.05(b) actually gives us definitions. See, what's forbidden are "sexual intercourse" and "deviate sexual intercourse". The former is defined as "penetration of the female sex organ by the male sex organ", which basically means any penis-in-vagina intercourse. (Though, I'm sure the state would be happy to temporarily let trans man dick be "male sex organ" and trans woman neovagina (or perhaps even urethra) be "female sex organ" if it meant they could throw some trans folks in jail. Though, I suppose it would depend on if that would end up being precedent for a different case allowing trans rights, because they probably wouldn't if it would. Anyways…) The latter, on the other hand, is any contact between genitalia and mouth/anus (though technically with a specifier of being for the sexual pleasure of one or both parties).
So, to sum it up, "sex" for these purposes is:
- P-in-V
- Cunnilingus
- Blowjobs
- Anal sex
- Um...trying to fuck someone's ass with your bare vagina?
This leaves a lot of stuff uncovered. As long as no one's genitals touch someone else's mouth or anus and no one's dick enters someone else's vagina, everything else is fair game. Eating your sibling's ass? Perfectly fine under Texas law. Manual sex? Whether fingering or a handjob, it's A-OK! So, yes! You can do mutual masturbation and circle jerking with your family! It's perfectly legal! Touching the same genitals together is also fine. So, frotting and scissoring are both fine here. Breaking out the strap is also fine (assuming faux penises are not counted as "male sex organs" or "genitals"). Same with sex toys in general (again, with the same assumptions). So, yeah. Really, more sex acts are allowed than not. It's basically a few specific acts that are banned.
So, yeah. There you go. If you want to bang your family or have a threesome with twins here in the state of Texas, there's what to avoid and what's perfectly fine under state law. (Er, well, maybe fine. Again, I am not a lawyer. Follow this advice at your own risk…or don't follow this advice. That's really the better option. Again, please don't fuck your family.)
Keywords: Miscellany