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 Arkansas, child molestation, which encompasses a range of behaviors including physical contact for sexual stimulation, exposure of genitals, involvement in pornography, and forcing a child to view sexual acts or pornography, is addressed under various statutes. Arkansas law defines sexual contact with a minor under different categories such as sexual assault, which is divided into degrees with varying severity and penalties. For instance, sexual assault in the first degree, which may include sexual contact with a child under the age of 14, is a Class A or Y felony depending on the circumstances. The state also recognizes offenses such as distributing, possessing, or viewing matter depicting sexually explicit conduct involving a child, which is a Class C or B felony. Arkansas law also provides for enhanced penalties for repeated offenses, which could be charged as 'continual sexual abuse of a child.' These laws are found in the Arkansas Criminal Code, which outlines the criminal charges, while civil implications are addressed in family law statutes, particularly in cases involving divorce and child custody. Federal laws typically do not intervene unless the offense involves interstate activity or occurs on federal property, in which case federal charges may be applicable.