22-22A-3. Aggravated incest--Related child--Felony.

Any person who knowingly engages in an act of sexual penetration with a person who is less than eighteen years of age and is either:

(1)    The child of the perpetrator or the child of a spouse or former spouse of the perpetrator; or

(2)    Related to the perpetrator within degrees of consanguinity within which marriages are, by the laws of this state, declared void pursuant to § 25-1-6;

is guilty of aggravated incest. Aggravated incest is a Class 3 felony.

Source: SL 2005, ch 120, § 21; SL 2008, ch 109, § 1.

22-22A-3.1. Aggravated incest--Foster child--Felony.

Any person eighteen years of age or older, who knowingly engages in an act of sexual penetration with a person who is less than eighteen years of age and who, at the time of the offense, has been placed, and resides, in a licensed foster home is guilty of aggravated incest if the perpetrator is:

(1)    The licensed foster care provider; or

(2)    A resident of the licensed foster care provider's home and related to the licensed foster care provider by blood or marriage.

Aggravated incest is a Class 3 felony.

Source: SL 2008, ch 109, § 2.