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 New Mexico, child molestation, which encompasses a range of behaviors including physical sexual contact with a child, exposing genitals to a child, involving a child in pornography, or forcing a child to view sexual acts, is addressed under various statutes within the state's criminal code. New Mexico law typically refers to these offenses with terms such as 'criminal sexual contact of a minor,' 'criminal sexual penetration,' and 'sexual exploitation of children.' The severity of the charges and the penalties imposed can vary based on factors such as the age of the child, the nature of the conduct, and the perpetrator's criminal history. For instance, criminal sexual penetration of a minor under 13 years old is a first-degree felony. New Mexico also recognizes the continuous sexual abuse of a child as a serious offense, which can be charged when multiple instances of sexual abuse occur over a period of time. While most child molestation cases are handled at the state level, federal jurisdiction may apply if the offense involves crossing state lines, occurs on federal land, or involves the production or distribution of child pornography across state or international borders.