This bill establishes the crime of incest as a third-degree offense in New Jersey, which can be prosecuted 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, as well as 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. Notably, while incest was previously criminalized under state law, those laws were repealed in 1978, making this bill a significant re-establishment of legal consequences for such acts. The act is set to take effect immediately upon passage.