Any person who knowingly engages in an act of sexual penetration with a person who is less than eighteen years of age and is either:

1. (1) The child of the perpetrator or the child of a spouse or former spouse of the perpetrator; or
2. (2) Related to the perpetrator within degrees of consanguinity within which marriages are, by the laws of this state, declared void pursuant to § 25-1-6;

is guilty of aggravated incest. Aggravated incest is a Class 3 felony.

Source: SL 2005, ch 120 , § 21; SL 2008, ch 109 , § 1.