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 Indiana, child molestation is a serious criminal offense that is governed by state statutes. Under Indiana law, child molestation typically involves any sexual activity with a child under the age of 14, and it is prosecuted under various statutes depending on the nature of the offense. These can include charges such as child molesting (Indiana Code 35-42-4-3), vicarious sexual gratification (Indiana Code 35-42-4-5), child exploitation (Indiana Code 35-42-4-4), and possession of child pornography (Indiana Code 35-42-4-4). The severity of the charges can range from misdemeanors to felonies, with penalties increasing for aggravating factors such as the use of force or the presence of a prior conviction. Indiana does not have a specific statute for continual sexual abuse of a child, but repeated acts of child molestation can lead to multiple charges or enhanced sentencing. Civil implications of child molestation, such as those affecting custody rights, are addressed in the family code. Federal law may apply if the offense involves transportation of the child or related materials across state lines, or if it occurs on federal lands. Otherwise, child molestation cases are typically handled by state or local authorities under Indiana law.