Skip to content
Name: People v. Scott
Case #: E039093
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 11/27/2007

Statute prohibiting incest is not unconstitutional. Appellant was found guilty of incest in violation of Penal Code section 285, based on evidence that he had intercourse with his 19-year-old daughter. On appeal, he argued that section 285 violated his due process rights under the Fourteenth Amendment because it criminalizes incest between consenting adults. The appellate court rejected the argument, finding that California has a legitimate interest in maintaining the integrity of the family unit, protecting persons who may not be in a position to freely consent to sexual relationships with family members, and in guarding against inbreeding.