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 Idaho, child molestation, which encompasses a range of sexual offenses against children under the age of 18, is addressed under various statutes. These offenses include lewd conduct with a minor under 16, sexual abuse of a child under the age of 16, and the production and distribution of sexually exploitative material involving children. Lewd conduct with a minor, as per Idaho Code § 18-1508, is a felony and involves any lewd or lascivious acts upon or with the body of a child, including any act of sexual penetration or contact. Sexual abuse of a child under 16, defined in Idaho Code § 18-1506, includes any act that causes or tends to cause the sexual gratification of the perpetrator at the expense of the child, without necessarily involving physical contact. Additionally, Idaho law criminalizes the involvement of children in obscene performances and the creation or distribution of child pornography under Idaho Code § 18-1507 and § 18-1507A. Federal law may apply if the offense involves crossing state lines, involves multiple states, or occurs on federal property. In such cases, federal agencies may take charge, and the perpetrator can be prosecuted under federal statutes such as the Protection of Children Against Sexual Exploitation Act.