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 Florida, the criminal offense of sexual assault of a child is typically referred to as 'sexual battery' and is governed by Chapter 794 of the Florida Statutes. Sexual battery is defined as oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object. The law does not require the perpetrator to have knowledge of the victim's age for the act to be considered a crime. When the victim is a minor, the offense is treated with increased severity. Florida law recognizes different levels of sexual battery offenses depending on factors such as the age of the victim, the use of force or coercion, and the perpetrator's custodial authority. For instance, sexual battery on a person less than 12 years of age by an individual 18 years of age or older is a capital felony, while sexual battery without physical force on a victim aged 12 to 17 is a second-degree felony. The specific charges and penalties vary based on the circumstances of the offense and the ages of the individuals involved.