A person generally commits the criminal offense of sexual assault of a child—regardless of whether the person knows the age of the child at the time of the offense—if the person (1) causes the penetration of the anus or sexual organ of a child by any means; (2) causes the penetration of the mouth of a child by the sexual organ of the person; (3) causes the sexual organ of the child to contact or penetrate the mouth, anus, or sexual organ of the person or another person; (4) causes the anus of a child to contact the mouth, anus, or sexual organ of the person or another person; or (5) causes the mouth of a child to contact the anus or sexual organ of the person or another person.
The naming and definition of the criminal offense of sexual assault of a child varies from state to state. These criminal offenses are generally located in a state’s statutes—often in the penal or criminal code.
In Alabama, the criminal offense of sexual assault of a child is addressed under the state's sexual abuse laws, particularly in the Alabama Criminal Code sections dealing with sexual offenses. Alabama law defines sexual abuse of a child under the age of 12 as sexual abuse in the first degree, which is a Class C felony. Sexual abuse of a minor between the ages of 12 and 16 is considered sexual abuse in the second degree, which is a Class A misdemeanor. The offenses include engaging in a sex act with a child under 16, or subjecting a child to sexual contact. Alabama law does not require the perpetrator to have knowledge of the child's age to be charged with the offense. The state imposes severe penalties for sexual offenses involving children, including potential imprisonment, fines, and mandatory registration as a sex offender. It's important to note that the specific charges and penalties can vary based on the circumstances of the offense, including the age of the child and the nature of the act.