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 West Virginia, child molestation, which includes a range of behaviors from physical contact for sexual stimulation to the involvement of children in pornography, is addressed under various sections of the state's criminal statutes. West Virginia law typically refers to these offenses with terms such as 'sexual assault,' 'sexual abuse,' or 'use of minors in filming sexually explicit conduct.' The age of consent in West Virginia is 16, and any sexual contact with a child under this age may be prosecuted as a criminal offense. The state's code also provides for enhanced penalties for repeated offenses or particularly egregious acts of sexual abuse against children. 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 if there is production or distribution of child pornography across state lines. In family law, instances of child molestation can have significant implications in divorce and child custody proceedings. An attorney specializing in criminal defense or family law would be able to provide more detailed information about the specific charges and penalties associated with child molestation in West Virginia.