In the United States, the legality of cousin marriage varies from state to state. While some states permit such unions, others, like Nevada, have stringent laws prohibiting them. This article delves into Nevada’s legal stance on cousin marriages, the rationale behind these laws, and the potential consequences of violating them.
Nevada’s Legal Position on Cousin Marriages
Nevada law explicitly prohibits marriages between individuals who are more closely related than second cousins. This includes first cousins and first cousins once removed. According to Nevada Revised Statutes (NRS) § 122.020, “two persons, regardless of gender, who are at least 18 years of age, not nearer of kin than second cousins or cousins of the half blood, and not having a spouse living, may be joined in marriage.”
Furthermore, NRS § 201.180 classifies marriages between close relatives, including first cousins, as acts of incest, which is a criminal offense in the state.
Understanding the Definition of Incest in Nevada
In Nevada, the term “incest” encompasses more than just sexual relations between close relatives; it also includes marriages. Under NRS § 201.180, incest is defined as intermarriage or fornication between relatives closer than second cousins. This means that even consensual marriages between first cousins are considered incestuous and are therefore illegal.
Penalties for Violating Incest Laws
Engaging in an incestuous marriage in Nevada is a category A felony, the most severe class of crimes in the state. Convictions can result in:
- A prison sentence ranging from 2 years to life, with the possibility of parole.
- Fines up to $10,000.
- Mandatory lifetime supervision under NRS 176.0931.
- Sex offender registration, depending on the case specifics.
These stringent penalties underscore Nevada’s commitment to preventing close-relative marriages.
Rationale Behind the Prohibition
The primary concern driving Nevada’s prohibition of cousin marriages is the potential genetic risks associated with consanguineous unions. Marriages between close relatives can increase the likelihood of offspring inheriting genetic disorders. By criminalizing such marriages, Nevada aims to deter inbreeding and protect public health.
Recognition of Out-of-State Cousin Marriages
While some states recognize marriages legally performed in other jurisdictions, Nevada does not acknowledge cousin marriages, even if they were legally contracted elsewhere. This means that a couple legally married as first cousins in another state would not have their marriage recognized in Nevada, and cohabiting as a married couple could expose them to legal risks under the state’s incest laws.
Comparison with Other States
Nevada is among the minority of U.S. states with strict prohibitions against cousin marriages. As of 2025, 24 states prohibit first cousin marriages, 18 states allow them, and 8 states have conditional allowances. Notably, Nevada and Kentucky are the only states that also prohibit marriages between second cousins.
Legal Alternatives and Considerations
For individuals in Nevada considering marriage with a cousin, it’s essential to understand the legal ramifications. Seeking legal counsel can provide clarity and help navigate the complexities of state laws. Additionally, understanding the health implications and societal perceptions associated with cousin marriages is crucial.
Conclusion
In Nevada, marrying your cousin is unequivocally illegal and classified as incest, carrying severe legal penalties. The state’s stringent laws reflect concerns about genetic health risks and societal norms. Individuals considering such unions should be fully informed of the legal consequences and seek appropriate legal advice to navigate their options.