What Constitutes Child Molestation

Child molestation is a general term used to describe unlawful sexual activity between a child and an adult. Child molestation can include (but is not limited to) the following offenses:

•    Statutory rape;
•    Sexual assault;
•    Incest;
•    Sexual abuse;
•    Sexual exploitation;
•    Indecent exposure;
•    Lewd and lascivious conduct;
•    Child pornography;
•    Dissemination of pornography to minors; and
•    Child prostitution.

Any sexual activity that occurs between an adult and a child, or a child and an older minor, is considered unlawful child molestation. Minors are unable to give valid consent to sexual activity. Thus, engaging in sexual activity with children, whether they consent or not, is illegal and considered child molestation. Many states have laws that require reporting of suspected child molestation to a government agency or the police. Some professions have strict child molestation reporting requirements.

Because of the harsh penalties and social stigma associated with child molest charges, the courts treat these cases seriously. The legal implications of such a conviction are grave. To learn more about defending a molestation charge, discuss the particulars of your case with an experienced criminal defense attorney familiar with sex crime law.

Punishment

Punishment for molestation convictions varies by state and federal laws and can be quite severe depending on the circumstances of the case. Most sentencing will include either commitment of the defendant to a mental institution or imprisonment.  Some courts impose monetary fines. Some courts also mandate counseling and treatment for offenders. Sex offender registration is another punishment common in molestation cases. An experienced defense attorney will be able to advise you of the punishment potential in your case.

Most states have a sex offender registry that is made available to the general public online. This registry can include current residential information, the name of the offender and sometimes a photograph is also included. The requirement to register as a sex offender generally stays with the convicted person for the rest of their life or for many years. The stigma that a molestation conviction will impose on an individual is a huge punishment in and of itself. 

Getting Legal Help

If you find yourself faced with criminal charges of child molestation, a criminal defense lawyer can help you by handling the difficult legal process for you. A lawyer will understand how best to approach your case based on the law and circumstances of the charges. To preserve evidence in your case and provide for your best defense, consult an attorney as early as possible in your case.