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 Oklahoma, child molestation is addressed under various statutes that criminalize sexual conduct with minors. Under Oklahoma law, a child is defined as anyone under the age of 16. Child molestation can include a range of behaviors such as engaging in lewd or indecent proposals or acts with a child, making a child view or produce pornography, and exploitation through human trafficking. These offenses are categorized under different charges like 'Lewd or Indecent Proposals or Acts to a Child Under 16' (21 Okl. St. § 1123), 'Sexual Abuse of a Child' (21 Okl. St. § 843.5), and 'Child Pornography' (21 Okl. St. § 1021.2). The severity of the charges can range from misdemeanors to felonies, with penalties varying based on the nature of the offense, the age of the child, and the perpetrator's criminal history. Continuous or aggravated forms of sexual abuse may lead to more severe charges and penalties. In cases where the offense involves crossing state lines, producing or distributing child pornography, or occurs on federal property, federal laws may apply, and the case could be prosecuted by federal authorities. It is important for individuals facing such charges or those who are victims of such crimes to consult with an attorney to understand the specific legal implications and options available to them.