Sexual abuse of a child 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, sexual abuse of a child 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.
And 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.
In New York, sexual abuse of a child is addressed under various statutes that criminalize sexual conduct with minors. Under New York Penal Law, a child is defined as a person less than 17 years old. Sexual abuse in the first degree (Penal Law § 130.65) involves sexual contact with a child less than 13 years old by a person 21 years old or older. Sexual abuse in the second degree (Penal Law § 130.60) covers sexual contact with a person who is less than 14 years old by a person 18 years old or older, or when the victim is incapable of consent for various reasons, including being less than 17 years old. The law also criminalizes the use of a child in a sexual performance (Penal Law § 263.05), promoting a sexual performance by a child (Penal Law § 263.10), and possessing a sexual performance by a child (Penal Law § 263.16). Exposure of genitals to a child and making a child view sexual acts or pornography can also be prosecuted under these statutes. New York does not have a specific statute for continual sexual abuse of a child, but repeated offenses can lead to multiple charges and enhanced penalties, including felony charges, depending on the severity and nature of the acts.