Homosexual incest is legal in Florida, “sexual intercourse” faces new definition

Loophole in Florida’s Statutes make incestual relations legal, given you’re of the same sex and don’t marry

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Max Jackson | Photo Editor

Reimy Benitez, Asst Copy Desk Chief

While perusing through all the acts punishable by Sunshine State laws, it’s worth taking a look at section four of Chapter 826 of the 2014 Florida Statutes, which refers to bigamy and incest.

The section states that anyone who “knowingly marries or has sexual intercourse with a person to whom he or she is related” is committing a third degree felony. However, just two lines down, the term ‘sexual intercourse’ is defined as “the penetration of the female sex organ by the male sex organ, however slight.” This leaves a whole lot of wiggle room for two penises or two vaginas, or multiple, whatever the preference may be.

As long as they don’t marry this same-sex person, Floridians may engage in all the crime-free sex that they wish with the relative of their choice — like the “world’s number one uncle.”

This specific version of the statute hasn’t been altered since 1974, when it gained the definition of “sexual intercourse” it has today — the only definition of the term in the 1,013 chapters of the Florida Statutes.

But on Feb. 4, 2015, this definition came under legal scrutiny when the Florida Supreme Court heard arguments for changing the meaning of the term “sexual intercourse” to “include all sexual acts,” reported Al Jazeera News.

The news has made its rounds within the LGBT community. “I definitely think they need to change it [the definition],” states Benjamin Brage, president of Lambda United — FAU’s Gay-Straight Alliance.

He added that the loophole should be closed, and that “it’s like a fun fact about how backwards Florida is.” Just as a safe measure he also said that he “doesn’t support incest at all.”

The redefinition of the term would extend the list of prohibited incestuous relationships two-fold to all parents, grandparents, brothers or sisters, uncles or aunts or nephews or nieces, regardless of sex.

The appeal to the court came after a 2011 case where a man was charged with knowingly having infected another man with HIV after having sexual relations and not informing him beforehand.

According to Reuters News, assistant public defender Brian Lee Ellison argued that Florida has always defined “sexual intercourse” as “penile-vaginal union … and distinguished it from all other sexual contact.”

“I feel like the way the defender [Ellison] … that put forth that argument was taking advantage of the weakness in the law,” stated Brage. “Obviously there are other forms of sex than … what most people would think of like the standard couple.”

While it’s clear that the court will be making a decision on the term’s definition, it’s not expected to be for a few months — plenty of time for a spring fling, or summer slumber party with a willing same-sex aunt or uncle.

In the case of a sudden realization of closeted carnal lust for an aunt or uncle or any of the other low-hanging fruit in their family tree, keep in mind that Floridians must still be 18 years of age or older to engage in sexual activity, and also that a Freudian fling is still subject to every aspect of the law.