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 Texas, child molestation is addressed under various statutes that criminalize sexual offenses against children. These include charges such as Sexual Assault of a Child, Aggravated Sexual Assault of a Child, Indecency with a Child, Sexual Performance by a Child, and Continuous Sexual Abuse of a Child, among others. The age of a child in Texas for these offenses is typically under 17 years old. Continuous Sexual Abuse of a Child is a particularly serious offense that involves multiple instances of sexual abuse and is classified as a first-degree felony. These laws are found in the Texas Penal Code, which outlines the criminal aspects, and the Texas Family Code, which deals with civil implications such as those affecting child custody in divorce proceedings. Federal laws may apply if the offense involves crossing state lines, involves multiple states, or occurs on federal property. Otherwise, child molestation cases are generally prosecuted under state law by local or state authorities.
