Steven Pladl, 42, and his biological daughter Katie Pladl, 20, were charged with incest after they had a baby together – but a judge could consider it ‘legal’, according to reports.
Steven fathered Katie in 1998 but put her up for adoption, local news site KRON 4 reported over the weekend.
But once Katie turned 18, she tracked down her biological parents using social media before moving to their home near Richmond, Virginia, in 2016.
Two months later, Steven legally separated from his wife, who was the person who alerted police about the alleged affair between her husband and daughter, after discovering Katie was pregnant.
When the couple were arrested they were found living with a baby boy who had been born in September 2017.
They were subsequently arrested and charged with incest with an adult, adultery, and contributing to delinquency.
According to the Daily Star, Steven and Katie face extradition to Henrico County, Virginia, where their alleged sexual relationship was said to have started.
But according to Mr Stone, the case of Steven and Katie could raise new dilemmas concerning incest law in Virginia.
Todd Stone, a legal analyst for CBS 6, said their charges ‘could amount to a Class 5 felony’ – which is one of the most serious classifications of offences in the US.
If they are convicted, the couple, who were living in Knightdale, North Carolina, could face up to 10 years in prison, Stone said.
This is a pretty unique set of facts I would say. It’s a Class 5 felony if that occurs in Virginia and that means you can get up to 10 years in prison.
In Virginia, incest is ‘criminalised and punishable by law, with higher degrees of the charge receiving harsher punishments’, Mr Stone continued.
A judge will have an opportunity to decide whether this statute makes this conduct illegal because of moral and religious ideas or science and increased chance of birth defects.
What should the penalty really be for people who are both adults and consenting to a sexual relationship even though it’s illegal in Virginia and most other places?
Steven Pladl has since been released on bond but Katie remains in jail, court records show. They are expected to stand up in court on Monday.