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 North Carolina, 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. North Carolina law defines a child as a person under the age of 16. The state's criminal statutes categorize offenses related to child molestation under different charges such as sexual assault or sexual battery, and more severe cases may be prosecuted under statutes pertaining to statutory rape or indecent liberties with a child. North Carolina General Statutes Chapter 14 contains the relevant laws. For instance, taking indecent liberties with children is a felony offense under N.C.G.S. § 14-202.1. Additionally, the state has laws against the sexual exploitation of minors, which include the production and distribution of child pornography. When the offense involves multiple instances of sexual contact, it may lead to more serious charges with harsher 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 distribution of materials across state lines.