[4] The U.S. Supreme Court ruled in Kansas v. Hendricks that a predatory sex offender can be civilly committed upon release from prison.
Many states[8] include in their penal codes a "Romeo and Juliet" exception for cases where sexual activity occurs between a young adult and a minor whose ages are within a few years of each other.
[14] Recognizing this loophole, some states have altered their penal codes to prohibit prosecution of intrafamilial child sexual abuse under the incest statutes.
In these states, which include Arkansas,[15] California,[16] Illinois,[17] New York,[18] and North Carolina,[19] all perpetrators of sexual offenses against children are prosecuted under the same laws, without regard to whether they are related to their victims.
These states retain their incest laws only for their original purpose:[20] to prohibit sexual activity between those too closely related by blood.
Criminal penalties may include imprisonment, fines, registration as a sex offender, and restrictions on probation and parole.
Civil penalties may include liability for damages, injunctions, involuntary commitment, and, for perpetrators related to their victims, loss of custody or parental rights.
There's disagreement over the status of a Georgia law permitting execution for child rape, but Justice Kennedy ruled it was still in force.