This bill establishes the crime of incest as a third-degree offense in New Jersey, allowing for prosecution separately from other sexual offenses such as sexual assault or endangering the welfare of children. Under the proposed law, an individual would be guilty of incest if they marry or engage in sexual penetration with certain relatives, including ancestors, descendants, siblings, a sibling of a parent (aunt or uncle), or a child of a sibling (niece or nephew). The bill specifies that these relationships encompass both whole and half-blood connections, regardless of legitimacy, and also includes adoptive relationships.

The bill aims to address a gap in current law, as incestuous acts between consenting adults are not covered under existing sexual assault statutes. A third-degree crime in New Jersey carries penalties of three to five years of imprisonment, a fine of up to $15,000, or both. The crime of incest was previously recognized under state law but was repealed in 1978. The proposed legislation would reinstate and clarify the legal framework surrounding incest in New Jersey.