History-addicted law student who runs on coffee & television shows.
I think we can all agree that Ginny’s tweets this week were a little less than savory. That being said, it is our duty to defend our ship, despite how cracked some may perceive it to be.
Most people make the argument that Swan Queen is incest because Regina is technically Emma’s step-grandmother. Personal opinions aside, is this legally correct? The quick answer: no. The long-winded one is after the jump.
There are two legal forms of incest: affinity (by marriage) and consanguinity (by blood). Some states have laws that would actually prevent step-relations from marrying. For example, a stepfather couldn’t marry his stepdaughter. However, Maine is not one of those states, and it’s the only state that matters in this scenario. Let’s look to the statutes:
1. A person is guilty of incest if the person is at least 18 years of age and:A. Engages in sexual intercourse with another person who theactor knows is related to the actor within the 2nd degree ofconsanguinity. Violation of this paragraph is a Class D crime; -17-A M.R.S.A. § 556
2. Prohibitions based on degrees of consanguinity; exceptions. This subsection governs marriage between relatives.A. A man may not marry his mother, grandmother, daughter,granddaughter, sister, brother’s daughter, sister’s daughter,father’s sister, mother’s sister, the daughter of his father’sbrother or sister or the daughter of his mother’s brother orsister. A woman may not marry her father, grandfather, son,grandson, brother, brother’s son, sister’s son, father’s brother,mother’s brother, the son of her father’s brother or sister or theson of her mother’s brother or sister.B. Notwithstanding paragraph A, a man may marry the daughterof his father’s brother or sister or the daughter of his mother’sbrother or sister, and a woman may marry the son of herfather’s brother or sister or the son of her mother’s brother orsister as long as, pursuant to sections 651 and 652, the man orwoman provides the physician’s certificate of genetic counseling.-19-A M.R.S.A. § 701