Child molestation (sexual assault or abuse) is generally defined as physical contact or other interaction between a child (under age 17, for example) and an adult when the child is being used for the sexual stimulation or pleasure of the perpetrator or another person. In addition to physical contact, child molestation may include (1) the exposure of the genitals of an adult in the presence of a child, (2) the exposure of the genitals of a child, (3) using a child in making pornography, or (4) making a child view sexual acts or pornography.
Child molestation laws vary from state to state, and criminal charges for child molestation and related crimes are sometimes called (1) sexual assault of a child, (2) aggravated sexual assault of a child, (3) sexual abuse of a child, (4) indecency with a child, (5) sexual performance by a child, (6) sexual trafficking of a child, or (7) prostitution of a child.
In some states multiple instances of sexual contact between an adult and a child may constitute the enhanced criminal offense of continual sexual abuse of a child—which is sometimes a first-degree felony offense.
Child molestation laws are usually included in a state’s penal or criminal code (statutes)—which provide for the related criminal charges—and in a state’s family code (statutes) that address the civil (non-criminal) implications of child molestation—often in the context of divorce and child custody matters.
Except in limited circumstances, federal laws generally do not apply to child sexual abuse matters that take place within a single state—without transportation of the child or other materials (photographs, videos, etc.) across state lines. Such criminal matters that take place within a single state are generally handled by state or local authorities and prosecuted under state laws. But if the sexual abuse or molestation of a child involves conduct or materials in multiple states, or occurs on federal lands (military bases, American Indian territories) the offense may be prosecuted under federal law.
In Georgia, child molestation is defined under the Official Code of Georgia Annotated (O.C.G.A.) § 16-6-4. The law considers a child to be anyone under the age of 16, and child molestation occurs when an individual commits any immoral or indecent act to or in the presence of a child with the intent to arouse or satisfy the sexual desires of either the child or the adult. This includes the behaviors mentioned such as physical contact, exposure of genitals, involvement in pornography, and forcing a child to view sexual acts or pornography. Child molestation in Georgia is a felony, and the severity of the punishment can increase depending on the circumstances, such as the age of the child and the nature of the act. Aggravated child molestation, which involves acts that physically injure the child or involve sodomy, is treated even more severely and can result in life imprisonment or a split sentence. Federal laws may apply if the offense involves crossing state lines, involves federal land, or if the child or materials such as photographs or videos are transported across state lines. In cases that are strictly within Georgia's borders, the state's laws and local authorities handle the prosecution of these offenses.