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 South Carolina, 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, is addressed under various statutes. South Carolina law defines a child as a person under the age of 16. Criminal charges related to child molestation can fall under several categories such as Criminal Sexual Conduct with a Minor, Sexual Exploitation of a Minor, and Disseminating Obscene Material to a Person Under Eighteen, among others. These offenses can range from misdemeanors to felonies, depending on the severity and circumstances of the act, with penalties including imprisonment, fines, and registration as a sex offender. Continual sexual abuse of a child may lead to more severe charges. Additionally, the state's family code may address the civil implications of child molestation, particularly in family court matters such as divorce and child custody. Federal law typically does not intervene unless the offense involves crossing state lines, involves multiple states, or occurs on federal property. In such cases, federal agencies may prosecute the crime.