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 Virginia, the criminal offense of sexual assault of a child is addressed under various statutes related to sexual abuse, particularly in the context of minors. Virginia law criminalizes any sexual act involving a minor that includes, but is not limited to, penetration, contact, or indecent liberties between any body part or object and the sexual organs, anus, or mouth of a child. The law does not require the perpetrator to be aware of the child's age for the act to be considered a criminal offense. These offenses are classified under different degrees of sexual assault, with varying levels of severity and corresponding penalties. The most severe cases, often involving younger children or aggravated circumstances, can be charged as felonies with substantial prison sentences. Virginia's statutes pertaining to these offenses can be found in the Code of Virginia under sections dealing with crimes against minors, sexual abuse, and related offenses.