INCEST, sexual intercourse between persons so related by kindred or affinity that legal marriage cannot take place between them (see MARRIAGE, especially the section Canon Law) . In England incest formerly was not generally treated as a crime, al though, along with other offences against morals, it was made punishable by death in 165o. Since the Restoration it had, to use Blackstone's phrase, been left to the "feeble coercion of the spir itual courts," but bills to make it a criminal offence have at various times been unsuccessfully introduced in parliament. In 1908, how. ever, an act (The Punishment of Incest Act 1908) was passed under which sexual intercourse of a male with his grand-daughter daughter, sister or mother is made punishable with penal servitudf for not less than 3 or more than 7 years, or with imprisonment for not more than 2 years with or without hard labour. It is immaterial that the sexual intercourse was had with the consent of the female ; indeed, by s. 2 a female who consents is on conviction liable to the same punishment as the male. The act also make: an attempt to commit the offence of incest a misdemeanor, pun ishable by imprisonment for not more than two years with or with out hard labour. The terms "brother" and "sister" include half brother and half-sister, whether the relationship is or is not traced through lawful wedlock. Formerly all proceedings under the act were held in camera (s. 5), but this provision was repealed by the Criminal Law Amendment Act 1922. In Rex v. Ball (22 Cx, C.C. 366) it was held by the House of Lords that evidence of previous intercourse was admissible to establish guilty passion and rebut innocent association. In the law of Scotland, it was, until the Criminal Procedure (Scotland) Act 1887, a crime nominally punishable with death, but the penalty usually inflicted was penal servitude for life. This sentence was actually pronounced on a man in 1855. In the United States incest, though not an indictable offence at common law, has, generally speaking, been made a felony by statute and punishable by fine or imprisonment or both. It is also a punishable offence in some European countries, notably Germany, Austria and Italy. (W. DE B. H.)