Whoever marries or has nonmarital sexual intercourse, as defined in
s.
948.01 (6)
, with a person he or she knows is a blood relative and such relative is in fact related in a degree within which the marriage of the parties is prohibited by the law of this state is guilty of a Class F felony.
1977 c. 173
;
2001 a. 109
;
2009 a. 13
.
Lawrence v. Texas
,
539 U.S. 558
(2003), did not announce a fundamental right of adults to engage in all forms of private consensual sexual conduct. There was no clearly established federal law in 2001 that supported defendant's claim that he had a fundamental right to engage in incest free from government proscription. Muth v. Frank,
412 F.3d 808
(2005).
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