Sexual assault is generally forced sexual intercourse, sodomy, or other sexual penetration of another person—against the person’s will and without the person’s consent. And although precise definitions and punishments vary from state to state, the criminal offense of aggravated sexual assault of a child includes the aggravating circumstance of the victim being a child under a certain age, as defined by the statute—which increases the severity of the crime.

In New York, sexual assault is addressed under the state's penal law as a serious criminal offense, with various degrees of severity based on the circumstances of the crime. Forced sexual intercourse, sodomy, or other sexual penetration without consent constitutes sexual assault. When the victim is a child, the offense is typically prosecuted under the laws pertaining to sexual abuse or rape in the first degree, depending on the specific acts involved. Aggravated sexual assault of a child is a more severe charge that applies when the victim is under a certain age, which in New York is less than 13 years old for certain offenses, and the perpetrator is 18 years or older. This aggravating circumstance significantly increases the penalties upon conviction, which can include lengthy prison sentences and mandatory registration as a sex offender. The exact definitions and punishments can be found in the New York Penal Law Articles 130 and 263, which cover sex offenses and the specific provisions for offenses against children, respectively.