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 New Jersey, child molestation, also referred to as sexual assault or abuse, is a serious criminal offense that involves engaging in sexual activity with a minor or exposing minors to inappropriate sexual material or acts. New Jersey law defines a minor as anyone under the age of 18. The state's criminal statutes address various forms of child molestation, including aggravated sexual assault, sexual assault, criminal sexual contact, and endangering the welfare of a child, which can encompass the creation, distribution, or possession of child pornography. Charges and penalties can vary based on the nature of the offense, the age of the child, and the relationship between the offender and the child. Aggravated sexual assault, which often involves victims under the age of 13 or significant force or coercion, is one of the most severe charges and can result in a first-degree felony conviction. New Jersey's family code also addresses the civil implications of child molestation, particularly in family court matters such as divorce and child custody. Federal law may apply if the offense involves crossing state lines, involves multiple states, or occurs on federal land, but otherwise, child molestation is typically prosecuted under state law by local or state authorities.