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 Illinois, child molestation, which encompasses a range of behaviors including sexual assault or abuse of a child under the age of 17, is addressed under various statutes. Illinois law defines criminal sexual assault, abuse, and exploitation of children, and includes offenses such as predatory criminal sexual assault of a child, aggravated criminal sexual abuse, and child pornography. These laws cover non-consensual physical contact for sexual gratification, exposure of adult or child genitals, involvement of children in pornography, and forcing children to view sexual acts or materials. Multiple instances of sexual contact with a child can lead to more severe charges, such as predatory criminal sexual assault, which is a Class X felony. Child molestation cases are typically prosecuted under state law unless they involve interstate elements or occur on federal property, in which case federal laws may apply. Additionally, Illinois' family code addresses the civil implications of child molestation, particularly in the context of divorce and child custody. It is important for individuals facing such serious allegations to consult with an attorney who is experienced in criminal defense and family law to navigate the complexities of these charges.