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 Hawaii, child molestation, which encompasses a range of behaviors including physical sexual contact with a child, exposing genitals to a child, involving a child in pornography, or forcing a child to view sexual acts, is addressed under various statutes. Hawaii Revised Statutes (HRS) Section 707-730 to 707-733 detail offenses such as Sexual Assault in the First, Second, Third, and Fourth Degrees, which cover acts of sexual penetration and contact with minors under the age of consent, which is 16 years old in Hawaii. The law also recognizes the continuous sexual assault of a minor under HRS Section 707-733.6, which involves multiple acts of sexual assault against a child under the age of 14 over a period of time. This is a Class A felony, which is among the most serious charges and carries severe penalties. Child pornography and exploitation are addressed under HRS Section 707-750 and 707-752, which prohibit the use of a child in pornography and the solicitation of a minor for prostitution, respectively. Federal laws may apply if the offense involves crossing state lines, federal lands, or the production and distribution of child pornography across state or international borders. However, most child molestation cases are prosecuted under state law by local authorities.