A person generally commits the criminal offense of sexual assault of a child—regardless of whether the person knows the age of the child at the time of the offense—if the person (1) causes the penetration of the anus or sexual organ of a child by any means; (2) causes the penetration of the mouth of a child by the sexual organ of the person; (3) causes the sexual organ of the child to contact or penetrate the mouth, anus, or sexual organ of the person or another person; (4) causes the anus of a child to contact the mouth, anus, or sexual organ of the person or another person; or (5) causes the mouth of a child to contact the anus or sexual organ of the person or another person.

The naming and definition of the criminal offense of sexual assault of a child varies from state to state. These criminal offenses are generally located in a state’s statutes—often in the penal or criminal code.

In New York State, the criminal offense of sexual assault of a child is addressed under the laws pertaining to sex crimes involving minors. Specifically, these acts are prosecuted under various degrees of Rape, Criminal Sexual Act, Sexual Abuse, and Course of Sexual Conduct Against a Child, depending on the specific circumstances and the age of the child. New York Penal Law defines a child as a person less than 17 years old, and the law does not require that the perpetrator know the age of the victim for the act to be considered a crime. The severity of the charge can range from a misdemeanor to a felony, with potential charges escalating if the child is under 13 years of age or if the perpetrator is in a position of trust or authority over the child. New York law is particularly strict with sex crimes against children and imposes severe penalties, including lengthy prison sentences and mandatory registration as a sex offender.