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 Mississippi, child molestation, which encompasses a range of behaviors including physical contact for sexual stimulation, exposure of genitals, involvement in pornography, and forcing a child to view sexual acts, is addressed under various statutes within the state's penal code. Mississippi law defines a child as anyone under the age of 18 for these offenses. The state categorizes these offenses with different terminologies such as sexual battery, exploitation of children, and gratification of lust, among others. Mississippi Code Section 97-5-23 specifically addresses the sexual battery of a child, while Section 97-5-33 covers the exploitation of children, which includes making, distributing, or possessing child pornography. The state imposes severe penalties for such crimes, which can include lengthy prison sentences and registration as a sex offender. Continual sexual abuse of a child is also recognized as an aggravated offense, potentially leading to more severe penalties. While most child molestation cases are handled at the state level, federal jurisdiction may apply if the offense involves crossing state lines, involves federal land, or the internet is used to commit or facilitate the crime.