Statute of Limitations on Child Sexual Abuse in Every State

Understanding the complex legal landscape surrounding child sexual abuse cases can be overwhelming, especially given the different laws and statutes of limitations in each U.S. state. We’ll help break down the legal specifics and time frames applicable in each state in the United States. Whether you are someone directly affected, a legal practitioner, or just seeking knowledge, we strive to equip you with the necessary information to comprehend and navigate the statute of limitations for child sexual abuse cases. At Steinger, Greene & Feiner, we stand ready to offer our legal expertise and resources, ensuring that the rights of survivors and their loved ones are upheld and protected.

Alabama

Code: AL Code § 26-14-1 (2017)

In Alabama, child sexual abuse is defined as:

  • Employment, use, persuasion, inducement, enticement, or coercion of any child to engage in, or having a child assist any other person to engage in, any sexually explicit conduct or any simulation of the conduct for the purpose of producing any visual depiction of the conduct; or
  • The rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children.

Sexual exploitation includes allowing, permitting, or encouraging a child to engage in prostitution and allowing, permitting, encouraging, or engaging in the obscene or pornographic photographing, filming, or depicting of a child for commercial purposes.

Alaska

Code: Alaska Stat. § 47.17.290; § 11.41.455

  • Statute of Limitations: None
  • Penalties: Prison for up to 20 years, plus fines, depending on the specific crime committed

In Alaska,  “child abuse or neglect” means the physical injury or neglect, mental injury, sexual abuse, sexual exploitation, or maltreatment of a child under the age of 18 by a person under circumstances that indicate that the child’s health or welfare is harmed or threatened thereby. “Sexual exploitation” includes allowing, permitting, or encouraging a child to participate in prostitution, or in actual or simulated:

  • sexual penetration;
  • the lewd touching of another person’s genitals, anus, or breast;
  • the lewd touching by another person of the child’s genitals, anus, or breast;
  • masturbation; bestiality;
  • the lewd exhibition of the child’s genitals; or
  • sexual masochism or sadism.

Arizona

Code: Arizona Rev. Stat. § 8-201; § 13-1401

  • Statute of Limitations: Non for victims under 15 years old; 7 years for victims age 15 to 18
  • Penalties: Prison up to 35 years to life, plus fines, depending on the specific crime committed

In Arizona, child sexual abuse includes:

  • Inflicting or allowing sexual abuse;
  • Sexual conduct with a minor;
  • Sexual assault;
  • Molestation of a child;
  • Commercial sexual exploitation of a minor;
  • Sexual exploitation of a minor;
  • Incest; and
  • Child prostitution.

Neglect includes:

  • Deliberate exposure of a child to sexual conduct;
  • Sexual contact;
  • Intercourse;
  • Oral sexual contact;
  • Explicit sexual materials; or
  • Beastiality by a parent, guardian, or custodian.

“Sexual contact” means any direct or indirect touching, fondling, or manipulating of any part of the genitals, anus, or female breast by any part of the body or by any object or causing a person to engage in such contact. “Oral sexual contact” means oral contact with the penis, vulva or anus. “Sexual intercourse” means penetration into the penis, vulva, or anus by any part of the body or by any object or masturbatory contact with the penis or vulva. A person commits sexual conduct with a minor by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person who is under 18 years of age. A person commits sexual abuse by intentionally or knowingly engaging in sexual contact with any person who is under 15 years of age.

Arkansas

Code: Arkansas Ann. Code § 12-18-103

  • Statute of Limitations: Generally before the victim turns 28, with exceptions
  • Penalties: Prison for up to 30 years, plus fines, depending on the specific crime committed

Sexual abuse is divided into different age ranges in Arkansas. A person 10 years old or older is said to have committed sexual abuse against a person younger than 18 years old if they: had or attempted to have sexual intercourse; engaged or attempted to engage in deviant sexual activity; had or tried to have sexual contact by forcible compulsion; engaged in indecent exposure; or forced them to watch pornography or live sexual activity. Sexual abuse may also occur if the offender is at least 18, the victim is younger than 16, and is not the older person’s spouse or partner, and they: engage in sexual intercourse, deviant sexual activity, or have any sexual contact, or attempt any of these acts. Any caregiver to a person under the age of 18 who: engages in intercourse, deviant sexual activity, or sexual contact, or attempts any of these acts; forces or encourages them to watch pornography; forces, encourages, or permits them to watch live sexual activity; engages in an act of voyeurism; or forces them to listen to a phone sex line can be charged with sexual abuse.

California

Code: California Penal Code § 11165.1

  • Statute of Limitations: Generally before the victim turns 28, with exceptions
  • Penalties: Prison up to 15 years to life, plus fines, depending on the specific crime committed

In California, sexual abuse includes sexual assault, including rape, sodomy, incest, child molestation, and lewd or lascivious acts. Abuse also includes:

  • Exploitation, including depicting a minor in obscene acts;
  • Employing a minor to perform obscene acts; and
  • Preparing, selling, or distributing obscene matter that depicts minors.

Exploitation also includes knowingly encouraging or permitting a minor to engage in prostitution or a live sexual act; or to pose for a photograph, film, slide, drawing, painting, or some other pictorial depiction of an obscene act; or encouraging or permitting a child to assist others in these acts. An adult may also be charged with sexual abuse for depicting a child in, or knowingly developing, printing, duplicating, or exchanging any photograph, negative, video, or slide in which a child is engaged in an obscene sexual act.

Colorado

Code: Colorado Rev. Stat. § 19-1-103; § 18-3-401

  • Statute of Limitations: None, depending on the age of the victim and the DNA evidence provided
  • Penalties: Prison up to 24 years, plus fines, depending on the specific crime committed

When a child is subjected to unlawful sexual behavior, including molestation, sexual assault, sexual exploitation, prostitution, or other sexual conduct, it’s considered “child abuse or neglect” under Colorado law. State law also defines “sexual conduct” as:

  • Penetration of the vagina or rectum by any object;
  • Sexual intercourse, including genital-genital, anal-genital, oral-genital, and oral-anal, including beastiality;
  • Masturbation; or
  • Sadomasochistic abuse.

“Sexual contact” means the knowing touching of the victim’s intimate parts by the actor, or of the actor’s intimate parts by the victim, or the knowing touching of the clothing covering the immediate area of the victim’s or actor’s intimate parts if that sexual contact is for the purposes of sexual arousal, gratification, or abuse. “Sexual intrusion” means any intrusion, however slight, by any object or any part of a person’s body, except the mouth, tongue, or penis, into the genital or anal opening of another person’s body if that sexual intrusion can reasonably be construed as being for the purposes of sexual arousal, gratification, or abuse. “Sexual penetration” means sexual intercourse, cunnilingus, fellatio, analingus, or anal intercourse. Emission need not be proved as an element of any sexual penetration. Any penetration, however slight, is sufficient to complete the crime.  

Connecticut

Code: Connecticut Gen. Stat. § 46b-120

  • Statute of Limitations: Generally before the victim’s 48th birthday if no force was used, with exceptions; if force was used, no statute of limitations
  • Penalties: Prison up to 60 years, plus fines, depending on the specific crime committed

Connecticut has established broad state laws with very few specific definitions when it comes to child abuse, especially child sexual abuse. In general, “abuse” refers to a child who has suffered physical or other injuries that weren’t accidental, or has injuries that don’t line up with the history given for said injuries. More specifically, children who have been subjected to maltreatment are considered abused. Maltreatment includes, but isn’t limited to:

  • Sexual molestation or exploitation;
  • Malnutrition;
  • Cruel punishment;
  • Emotional maltreatment; or
  • Deprivation of necessities.

Delaware

Code: Delaware Ann. Code Tit. 16, § 902; Tit. 11, § 761(g)

In Delaware, if a person inflicts or causes sexual abuse on a child, that person is said to be guilty of abuse. In addition, abuse is also defined as a person having care, custody, or control of a child, and inflicts or causes: physical injury through unjustified force; torture; emotional abuse; maltreatment or mistreatment; or exploitation. Delaware also gives specific definitions for sexual exploitation and abuse. “Exploitation” is defined as taking advantage of a child for unjustifiable or unlawful sexual or personal gain. “Sexual abuse” includes, but isn’t limited to:

  • Sexual intercourse (vaginal or anal);
  • Masturbation;
  • Sadism;
  • Masochism;
  • Fellatio;
  • Cunnilingus;
  • Beastiality;
  • Nudity for the purpose of sexual stimulation or gratification of the viewer;
  • Sexual contact;
  • Lascivious exhibition of the pubic area or genitals of a child; or
  • Any act intended to be a simulation or depiction of one of these acts.

Florida

Code: Florida Ann. Stat. § 39.01

  • Statute of Limitations: None
  • Penalties: Prison up to 15 years; death sentence possible, depending on the specific crime committed

“Child sexual abuse” has very specific definitions in the state of Florida, including:

  • Any penetration, no matter how slight, of a child’s anus or vagina by the penis of another person;
  • Any penetration of the vagina or anus with any object by another person, excluding for valid medical purposes;
  • Any sexual contact between the genitals or anus of a child and the mouth of another person; or
  • The intentional touching of a child’s genitals or intimate parts, whether clothed or not, excluding for valid medical purposes or for reasonable caregiver responsibilities.

In addition, child sexual abuse also includes: intentionally masturbating in the presence of a child; exposing oneself, or committing any other sexual act in front of a child for sexual gratification, arousal, degradation, aggression, or a similar reason. Florida law also defines “sexual exploitation of a child” as encouraging, allowing, or forcing a child to engage in a sexual performance or engage in prostitution.

Georgia

Code: Georgia Ann. Code § 19-7-5(b)

  • Statute of Limitations: None for crimes committed after July 1, 2012; 7 years after the victim turns 16 for crimes committed before this date
  • Penalties: Prison up to 50 years to life, depending on the specific crime committed

In Georgia, child abuse includes sexual abuse of a child, as well as sexual exploitation of a child. Specifically, sexual abuse includes a person using, inducing, persuading coercing or enticing any minor who is not that person’s spouse to engage in:

  • Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal;
  • Masturbation;
  • Beastiality; torture or flagellation on a nude person;
  • Lewd exhibition of the pubic area or genitals by a person;
  • Physical contact with any person’s clothed or unclothed genitals or intimate areas for sexual gratification or stimulation;
  • Urination or defecation for the purpose of sexual stimulation; and
  • Penetration of the vagina or anus by any object, other than for a recognized medical procedure.

“Sexual exploitation” is defined as allowing, permitting, encouraging, or requiring a child to engage in prostitution or sexually explicit conduct for the purpose of producing a visual or print medium depicting such conduct.

Hawaii

Code: Hawaii Rev. Stat. § 350-1

  • Statute of Limitations: 3-6 years, with exceptions
  • Penalties: Prison for up to 20 years, depending on the specific crime committed

Hawaii’s laws about child sexual abuse are succinct. Within the state, child abuse or neglect includes: sexual contact or contact, including but not limited to sexual assault; sexual fondling or molestation; incest; prostitution; or sexual exploitation, including obscene or pornographic, filming, photographing or depiction.

Idaho

Code: Idaho Code § 16-1602

The state of Idaho provides concise laws regarding child abuse. It applies to any case in which a child has been the victim of sexual conduct, including:

  • Rape
  • Molestation
  • Incest
  • Prostitution
  • Obscene or pornographic photographing, filming, or depiction for commercial purposes
  • Human trafficking, or
  • Other similar forms of sexual exploitation include harming or threatening the child’s health or welfare or mental injury to the child.

Illinois

Code: Illinois Comp. Stat. Ch. 325, § 5/3

  • Statute of Limitations: By the victim’s 38th birthday, with exceptions
  • Penalties: Prison up to life, depending on the specific crime committed

In Illinois, “child sexual abuse” refers to a child whose parent, immediate family member, guardian, or person residing in the same home as the child commits or allows to be committed any sex offense against the child. This includes rape, incest, trafficking, prostitution, sexual contact, and sexual exploitation.

Indiana

Code: Indiana Ann. Code §§ 31-34-1-3; 31-34-1-4; 31-34-1-5

  • Statute of Limitations: Within 10 years of commission for some crimes; by the victim’s 31st birthday for others; none for rape
  • Penalties: Prison for up to 30 years, plus fines, depending on the specific crime committed

Indiana defines “children in need of services” as any child under the age of 18 who is the victim, lives in the same household as another child who was the victim, or lives in the same household as the adult who was convicted of a sex offense. The law specifically mentions:

  • Rape;
  • Child molestation;
  • Child exploitation or possession of child pornography;
  • Child seduction;
  • Sexual misconduct with a minor;
  • Indecent exposure;
  • Prostitution;
  • Incest; and
  • Criminal deviant conduct.

In addition, a child may be “in need of services” if their parent, guardian, or custodian allows them to participate in an obscene performance, or commit a sex offense prohibited by state law.

Iowa

Code: Iowa Ann. Stat. § 232.68

  • Statute of Limitations: By the victim’s 28th birthday, with exceptions
  • Penalties: Prison up to 25 years, plus fines, depending on the specific crime committed

In Iowa, the term “child abuse” as it pertains to sexual abuse is given a concise definition. It includes:

  • Committing a sexual offense with or to a child;
  • Allowing, permitting, or encouraging a child to engage in prostitution;
  • Committing acts of bestiality in the presence of a minor by a person who resides in a home with a child; and
  • Knowingly allowing the child access to obscene material, or knowingly disseminating or exhibiting such material to the child.

Kansas

Code: Kansas Ann. Stat. § 38-2202

  • Statute of Limitations: By the victim’s 28th birthday, with exceptions
  • Penalties: Prison for up to 155 months, depending on the specific crime committed

Kansas’s laws regarding child sexual abuse are brief. “Sexual abuse” is defined as any contact or interaction with a child in which the child is being used for the sexual stimulation of the perpetrator, the child, or another person. Sexual abuse also includes, but is not limited to, allowing, permitting or encouraging a child to be photographed, filmed, or depicted in pornographic material; or be subjected to aggravated human trafficking.

Kentucky

Code: Kentucky Rev. Stat. § 600.020

  • Statute of Limitations: None for rape or felony sex abuse; by the victim’s 23rd birthday for misdemeanor sex abuse with a minor
  • Penalties: Prison for up to 50 years, depending on the specific crime committed

Kansas defines an “abused or neglected child” as one whose health or welfare is harmed or threatened with harm when their parent, guardian, or other person exercising custodial control or supervision of the child commits or allows to be committed an act of sexual abuse, sexual exploitation, or prostitution upon the child; or creates or allows to be created a risk that an act of sexual abuse, sexual exploitation, or prostitution will be committed upon the child. “Sexual abuse” includes, but isn’t limited to, any interaction or contact in which the parent or guardian uses or allows, permits, or encourages the use of the child for the purposes of sexual stimulation of the perpetrator or another person. Additionally, “sexual exploitation” includes, but isn’t limited to, a situation in which the parent or guardian allows, permits, or encourages the child to engage in an act that constitutes prostitution, or to engage in an act of obscene or pornographic photographing, filming, or depicting of a child.

Louisiana

Code: Louisiana Ch. Code Art. 603

  • Statute of Limitations: By the victim’s 48th birthday, with exceptions
  • Penalties: Prison up to 99 years to life, including the death penalty, depending on the specific crime committed

In Louisiana, “sexual abuse” refers to acts that seriously endanger the physical, emotional, or mental health of a child, including:

  • The involvement of the child in any sexual act with a parent or other person;
  • Parents’ or caregivers’ aiding in or tolerating of the child’s sexual involvement with another person;
  • Parents’ or caregivers’ aiding in or tolerating of a child’s involvement in pornographic displays; or
  • Any other involvement of a child in sexual activity constituting a crime under state law.

Louisiana defines “child pornography” as a visual depiction of a child engaged in actual or simulated sexual intercourse, deviant sexual intercourse, sexual bestiality, masturbation, sadomasochistic abuse, or lewd exhibition of the genitals. Finally, “crimes against a child” include rape, sexual battery, incest, carnal knowledge of a juvenile, indecent behavior with a juvenile, pornography involving juveniles, a crime against nature, or molestation of a juvenile.

Maine

Code: Maine Ann. Stat. Tit. 17-A, § 254

  • Statute of Limitations: None if the victim is under 16
  • Penalties: Prison for up to 10 years, depending on the specific crime committed

In Maine, a person is guilty of sexual abuse of a minor if:

  • The person engages in a sexual act with another person, not the actor’s spouse, who is either 14 or 15 years of age and the actor is at least 5 years older than the other person; or
  • The person is at least 21 years of age and engages in a sexual act with another person, not the actor’s spouse, who is either 16 or 17 years of age and is a student enrolled in a private or public elementary, secondary, or special education school, facility or institution and the actor is a teacher, employee or other official in the school district, school union, educational unit, school, facility or institution in which the student is enrolled.

In both of these cases, there are greater penalties if the relationship is incestuous within the second degree of consanguinity, or if the perpetrator is at least 10 years older than the victim. In addition, a parent is said to have subjected any child for whom the parent was responsible to aggravated circumstances when they subjected the child to:

  • Rape;
  • Gross sexual misconduct;
  • Gross sexual assault;
  • Sexual abuse;
  • Incest;
  • Aggravated assault;
  • Kidnapping;
  • Promotion of prostitution;
  • Sexual exploitation of a minor;
  • Sex trafficking or aggravated sex trafficking;
  • Abandonment;
  • Torture;
  • Chronic abuse or any other treatment that is heinous or abhorrent to society.

Maryland

Code: Maryland Family Law § 5-701

In Maryland,  “sexual abuse” means any act that involves sexual molestation or exploitation of a child by a parent or other person who has permanent or temporary care or custody or responsibility for supervision of a child, or by any household or family member. Sexual abuse includes:

  • Rape;
  • Incest;
  • Sexual offense in any degree;
  • Sodomy;
  • Unnatural or perverted sexual practices; and
  • Human trafficking.

Additionally, sexual abuse includes allowing or encouraging a child to engage in obscene photography, films, poses, or similar activity; pornographic photography, films, poses, or similar activity; or prostitution.

Massachusetts

Code: Code of Mass. Regs. Ch. 265, § 13b; § 22A; § 23; § 24b

Massachusetts lays out specific terms and penalties related to child sexual abuse. “Sexual abuse” includes:

  • An indecent assault and battery on a child under the age of 14;
  • Sexual intercourse or unnatural sexual intercourse with a child under 16;
  • Forcible or coerced sexual intercourse or unnatural sexual intercourse with a child under 16 through threat to bodily harm;
  • Intent to rape a child under 16;
  • Rape or attempted rape while being armed with a firearm, rifle, shotgun, machine gun, or assault weapon; or
  • Any other sexual offense under state law.

Sexual abuse also refers to any sexual contact between a caregiver and a child under the care of that individual.

Michigan

Code: Michigan Comp. Laws § 722.622; § 750.520a

  • Statute of Limitations: None for the most severe offenses; 10 years or by the victim’s 21st birthday, whichever is later, for other offenses, with exceptions
  • Penalties: Prison up to life, depending on the specific crime committed

In Michigan, “sexual abuse” means engaging in sexual contact or sexual penetration with a child. Specifically, “sexual contact” includes the intentional touching of the victim’s or actor’s intimate parts or the intentional touching of the clothing covering the immediate area of the victim’s or actor’s intimate parts, if that intentional touching can reasonably be construed as being for the purpose of sexual arousal or gratification, done for a sexual purpose, or in a sexual manner for revenge, to inflict humiliation or out of anger. “Sexual penetration” means sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, of any part of a person’s body or of any object into the genital or anal openings of another person’s body, but emission of semen is not required. Finally, “sexual exploitation” “Sexual exploitation” includes allowing, permitting, or encouraging a child to engage in prostitution, or allowing, permitting, encouraging, or engaging in the photographing, filming, or depicting of a child engaged in sexual intercourse, erotic fondling, sadomasochistic abuse, masturbation, passive sexual involvement, sexual excitement, or erotic nudity.

Minnesota

Code: Minnesota Ann. Stat. § 626.556

  • Statute of Limitations: 9 years after the commission of the offense or within 3 years after the offense was reported to authorities, whichever is later, with exceptions
  • Penalties: Prison up to life, plus fines, depending on the specific crime committed

Minnesota defines “sexual abuse” as the subjection of a child by a person responsible for the child’s care, by a person who has a significant relationship with the child. This includes sexual contact, defined as:

  • The intentional touching by the actor of the complainant’s intimate parts;
  • The touching by the complainant of the actor’s, the complainant’s, or another’s intimate parts or clothing covering the area by a person in a position of authority, or by coercion, or by inducement if the complainant is under 13 years of age;
  • The touching by another of the complainant’s intimate parts or clothing covering the area by coercion or by a person in a position of authority; or
  • The intentional touching with seminal fluid or sperm by the actor of the complainant’s body or the clothing covering the complainant’s body.

In addition, “sexual penetration” is defined as sexual intercourse, cunnilingus, fellatio, or anal intercourse; or any intrusion, however slight, into the genital or anal openings.

Mississippi

Code: Mississippi Ann. Code § 43-21-105

  • Statute of Limitations: None for statutory rape or sexual battery of a child; 2 years for other sexual offenses
  • Penalties: Prison up to life, plus fines, depending on the specific crime committed

In Mississippi, “sexual abuse” means obscene or pornographic photographing, filming, or depiction of children for commercial purposes, or the rape, molestation, incest, prostitution, or other such forms of sexual exploitation of children under circumstances that indicate that the child’s health or welfare is harmed or threatened. In addition, the definition of “abused child” includes child sexual abuse and sexual exploitation.

Missouri

Code: Missouri Rev. Stat. § 566.100; § 566.032; § 566.067; § 573.023

  • Statute of Limitations: None for forcible rape; by the victim’s 48th birthday for other sexual offenses involving a minor
  • Penalties: Prison up to life, plus fines, depending on the specific crime committed

In Missouri, a person commits the offense of sexual abuse in the first degree if he or she subjects another person to sexual contact when that person is incapacitated, incapable of consent, or lacks the capacity to consent, or by the use of forcible compulsion. Due to the nature of consent, sexually abusing a child falls under this law. In addition, a person commits the offense of statutory rape in the first degree if he or she has sexual intercourse with another person who is less than fourteen years of age. Missouri also explicitly defines “child molestation” as subjecting a minor to sexual contact, including any touching of another person with the genitals or any touching of the genitals or anus of another person, or the breast of a female person, or such touching through the clothing, for the purpose of arousing or gratifying the sexual desire of any person or for the purpose of terrorizing the victim. Finally, “sexual exploitation of a minor” is committed when a person knowingly or recklessly photographs, films, videotapes, produces, or otherwise creates obscene material with a minor or child pornography.

Montana

Code: Montana Ann. Code § 45-5-625

  • Statute of Limitations: By the victim’s 28th birthday, with exceptions
  • Penalties: Prison up to life, plus fines, depending on the specific crime committed

According to Montana law, a person commits the offense of sexual abuse of children if the person:

  • Knowingly employs, uses, or permits the employment or use of a child in an exhibition of sexual conduct, actual or simulated;
  • Knowingly photographs, films, videotapes, develops or duplicates the photographs, films, or videotapes, or records a child engaging in sexual conduct, actual or simulated;
  • Knowingly, by any means of communication, including electronic communication or in person, persuades, entices, counsels, coerces, encourages, directs, or procures a child under 16 years of age or a person the offender believes to be a child under 16 years of age to engage in sexual conduct, actual or simulated, or to view sexually explicit material or acts for the purpose of inducing or persuading a child to participate in any sexual activity that is illegal;
  • Knowingly processes develops, prints, publishes, transports, distributes, sells, exhibits, or advertises any visual or print medium, including a medium by use of electronic communication in which a child is engaged in sexual conduct, actual or simulated;
  • Knowingly possesses any visual or print medium, including a medium by use of electronic communication in which a child is engaged in sexual conduct, actual or simulated;
  • Finances any of these activities, knowing that the activity is of the nature described in those subsections;
  • Possesses with intent to sell any visual or print medium, including a medium by use of electronic communication in which a child is engaged in sexual conduct, actual or simulated;
  • Knowingly travels within, from, or to this state with the intention of meeting a child under 16 years of age or a person the offender believes to be a child under 16 years of age in order to engage in sexual conduct, actual or simulated; or
  • Knowingly coerces, entices, persuades, arranges for, or facilitates a child under 16 years of age or a person the offender believes to be a child under 16 years of age to travel within, from, or to this state with the intention of engaging in sexual conduct, actual or simulated.

Nebraska

Code: Nebraska Rev. Stat. § 28-319.01; § 28-320.01; § 28-710

  • Statute of Limitations: None
  • Penalties: Prison for up to 50 years, plus fines, depending on the specific crime committed

In Nebraska, “child abuse or neglect” includes knowingly, intentionally, or negligently causing or permitting a minor child to be Sexually abused; or sexually exploited by allowing, encouraging, or forcing such person to solicit for or engage in prostitution, debauchery, public indecency, or obscene or pornographic photography, films, or depictions. More specifically, “sexual assault of a child” includes when a person:

  • Subjects another person under twelve years of age to sexual penetration and the actor is at least nineteen years of age or older;
  • Subjects another person who is at least twelve years of age but less than sixteen years of age to sexual penetration and the actor is twenty-five years of age or older; or
  • Subjects another person fourteen years of age or younger to sexual contact and the actor is at least nineteen years of age or older.

Nevada

Code: Nevada Rev. Stat. § 432B.100; § 432B.110

  • Statute of Limitations: Before the victim turns 21, if the victim discovered or should have discovered they were a victim, otherwise age 28
  • Penalties: Prison up to life without parole, plus fines, depending on the specific crime committed

In Nevada, “child sexual abuse” includes:

  • Lewdness with a child;
  • Sado-masochistic abuse;
  • Sexual assault under;
  • Statutory sexual seduction under;
  • Open or gross lewdness under; and
  • Mutilation of the genitalia of a female child, aiding, abetting, encouraging, or participating in the mutilation of the genitalia of a female child, or removal of a female child from this State for the purpose of mutilating the genitalia of the child.

In addition, “sexual exploitation” means forcing, allowing or encouraging a child to:

  • Solicit for or engage in prostitution
  • View a pornographic film or literature
  • Engage in filming, photographing, recording on videotape, posing, modeling, depiction, or a live performance before an audience that involves the exhibition of a child’s genitals or any sexual conduct with a child.

New Hampshire

Code: New Hampshire Rev. Stat. § 169-C:3

  • Statute of Limitations: By the victim’s 40th birthday
  • Penalties: Prison for up to 20 years, plus fines, depending on the specific crime committed

In New Hampshire, “Sexual abuse” means:

  • The employment, use, persuasion, inducement, enticement, or coercion of any child to engage in, or having a child assist any other person to engage in, any sexually explicit conduct or any simulation of such conduct for the purpose of producing any visual depiction of such conduct; or
  • The rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children.

With respect to the definition of sexual abuse, the term “child” or “children” means any individual who is under the age of 18 years.

New Jersey

Code: NJ Rev Stat § 2C:14-2 (2016); § 2C:14-1 (2016)

In New Jersey, a person is guilty of sexual assault in the first degree if they commit an act of sexual penetration with another person under the age of 16. They are guilty of sexual assault in the second degree if:

  • They commit an act of sexual contact with a victim who is less than 13 years old and the actor is at least four years older than the victim;
  • They commit an act of sexual penetration and the victim is at least 16 but less than 18 years old, and the actor is related to the victim by blood or affinity to the third degree; has supervisory or disciplinary power of any nature or in any capacity over the victim; or is a resource family parent, a guardian, or stands in loco parentis within the household; or
  • The victim is at least 13 but less than 16 years old and the actor is at least four years older than the victim.

“Sexual penetration” means vaginal intercourse, cunnilingus, fellatio, or anal intercourse between persons or insertion of the hand, finger, or object into the anus or vagina either by the actor or upon the actor’s instruction. The depth of insertion shall not be relevant to the question of the commission of the crime. “Sexual contact” means an intentional touching by the victim or actor, either directly or through clothing, of the victim’s or actor’s intimate parts for the purpose of degrading or humiliating the victim or sexually arousing or sexually gratifying the actor. Sexual contact of the actor himself must be in view of the victim whom the actor knows to be present.

New Mexico

Code: NM Stat § 32A-4-2 (2016); 30-9-11 (2016); 30-9-13 (2016)

  • Statute of Limitations: None for criminal sexual penetration resulting in bodily harm or victim under 13; 6 years for criminal sexual penetration if the victim is 13 to 18 years old, with exceptions
  • Penalties: Prison for up to 18 years, plus fines, depending on the specific crime committed

New Mexico’s definition of “sexual abuse” includes but is not limited to criminal sexual contact, incest or criminal sexual penetration. Criminal sexual contact of a minor is the unlawful and intentional touching of or applying force to the intimate parts of a minor or the unlawful and intentional causing of a minor to touch one’s intimate parts. “Intimate parts” means the primary genital area, groin, buttocks, anus or breast. Criminal sexual penetration is the unlawful and intentional causing of a person to engage in sexual intercourse, cunnilingus, fellatio, or anal intercourse or the causing of penetration, to any extent and with any object, of the genital or anal openings of another, whether or not there is any emission. This does not include medically indicated procedures. Finally, “sexual exploitation” includes but is not limited to:

  • allowing, permitting, or encouraging a child to engage in prostitution;
  • allowing, permitting, encouraging, or engaging a child in obscene or pornographic photographing; or
  • filming or depicting a child for obscene or pornographic commercial purposes.

New York

Code: New York Penal L § 130

In New York, sexual abuse includes incest, rape, obscene sexual performance, fondling a child’s genitals, intercourse, sodomy, and any other contact such as exposing a child to sexual activity or exhibitionism, or commercial exploitation such as prostitution of a minor or production of pornographic materials. Specifically, “sexual contact” means any touching of the sexual or other intimate parts of a person for the purpose of gratifying the sexual desire of either party. It includes the touching of the actor by the victim, as well as the touching of the victim by the actor, whether directly or through clothing, as well as the emission of ejaculate by the actor upon any part of the victim, clothed or unclothed. “Sexual conduct” means sexual intercourse, oral sexual conduct, anal sexual conduct, aggravated sexual contact, or sexual contact. Finally, a person is guilty of predatory sexual assault against a child when, being eighteen years old or more, he or she commits the crime of rape in the first degree, criminal sexual act in the first degree, aggravated sexual abuse in the first degree, or course of sexual conduct against a child in the first degree, and the victim is less than thirteen years old.

North Carolina

Code: North Carolina Gen. Stat. § 7B-101

North Carolina defines “abused juvenile” as any juvenile less than 18 years of age whose parent, guardian, custodian, or caretaker commits, permits, or encourages the commission of a violation of the following by, with, or upon the juvenile:

  • First and second-degree rape or sexual offense
  • Rape of a child by an adult offender
  • Sexual act by a custodian
  • Crime against nature or incest
  • Preparation of obscene photographs, slides, or motion pictures of the child
  • Employing or permitting the child to assist in a violation of the obscenity laws
  • Dissemination of obscene material to the child
  • Displaying or disseminating material harmful to the child
  • First and second-degree sexual exploitation of the child
  • Promoting the prostitution of the child
  • Taking indecent liberties with the child
  • Human trafficking
  • Sexual servitude

North Dakota

Code: North Dakota Cent. Code § 50-25.1-02; §§ 12.1-20-01 through 12.1-20-12.2; §12.1-27.2

  • Statute of Limitations: None
  • Penalties: Prison for up to 20 years, plus fines, depending on the specific crime committed

In North Dakota, a “sexually abused child” is an individual younger than age 18 who is subjected by a person responsible for the child’s welfare or by any individual to sexual abuse. Specifically, “sexual act” means sexual contact between human beings consisting of contact between:

  • the penis and the vulva;
  • the penis and the anus;
  • the mouth and the penis;
  • the mouth and the vulva;
  • or any other portion of the human body and the penis, anus, or vulva;
  • or the use of an object which comes in contact with the victim’s anus, vulva, or penis.

Sexual contact occurs upon penetration, however slight. Emission is not required. Additionally, “sexual contact” means any touching, whether or not through the clothing or other covering, of the sexual or other intimate parts of the person, or the penile ejaculation or ejaculate or emission of urine or feces upon any part of the person, for the purpose of arousing or satisfying sexual or aggressive desires. Finally, a person is guilty of a class C felony if, knowing of its character and content, that person knowingly possesses any motion picture, photograph, or other visual representation that includes sexual conduct by a minor.

Ohio

Code: Ohio Rev. Stat. § 2151.031; § 2907.01; § 2919.22

  • Statute of Limitations: 20 years after the victim turns 18 or after notification to authorities
  • Penalties: Prison up to life, depending on the specific crime committed

According to Ohio law, an “abused child” includes any child who is the victim of “sexual activity,” where such activity would constitute an offense under state law, except that the court need not find that any person has been convicted of the offense in order to find that the child is an abused child. “Sexual activity” means sexual conduct or sexual contact, or both. Further, “sexual conduct” means:

  • Vaginal intercourse between a male and female;
  • Anal intercourse, fellatio, and cunnilingus between persons regardless of sex;
  • And, without privilege to do so, the insertion, however slight, of any part of the body or any instrument, apparatus, or other object into the vaginal or anal opening of another. Penetration, however slight, is sufficient to complete vaginal or anal intercourse.

“Sexual contact” means any touching of an erogenous zone of another, including without limitation the thigh, genitals, buttock, pubic region, or, if the person is a female, a breast, for the purpose of sexually arousing or gratifying either person. Finally, Ohio defines “endangering children” as enticing, coercing, permitting, encouraging, compelling, hiring, employing, using, or allowing a child to act, model, or in any other way participate in, or be photographed for, the production, presentation, dissemination, or advertisement of any material or performance that the offender knows or reasonably should know is obscene, is sexually oriented matter or is nudity-oriented matter.

Oklahoma

Code: OK Stat § 10A-1-1-105 (2017)

  • Statute of Limitations: 12 years after discovery for lewd or indecent proposals or acts against children; 12 years for rape or forcible sodomy, with exceptions
  • Penalties: Prison up to life or death sentence, depending on the specific crime committed

Oklahoma defines “abuse” as harm or threatened harm to the health, safety, or welfare of a child by a person responsible for the child’s health, safety, or welfare, including but not limited to nonaccidental physical or mental injury, sexual abuse, or sexual exploitation. “Sexual abuse” includes but is not limited to rape, incest, and lewd or indecent acts or proposals made to a child, as defined by law, by a person responsible for the health, safety, or welfare of the child. “Sexual exploitation” includes but is not limited to:

  • Allowing, permitting, encouraging, or forcing a child to engage in prostitution by any person 18 years of age or older or by a person responsible for the health, safety, or welfare of a child
  • allowing, permitting, encouraging, or engaging in the lewd, obscene, or pornographic photographing, filming, or depicting of a child in those acts by a person responsible for the health, safety, and welfare of the child.

Oregon

Code: OR Rev Stat § 419B.005 (2017); § 163.760 (2017); § 163.305 (2017)

  • Statute of Limitations: Before the victim turns 30 or within 12 years after the offense is reported to authorities, whichever occurs first, with exceptions
  • Penalties: Prison for up to 20 years, plus fines, depending on the specific crime committed

Under Oregon law, “abuse” means:

  • Rape of a child, which includes but is not limited to rape, sodomy, unlawful sexual penetration and incest;
  • Sexual abuse; or
  • Sexual exploitation.

“Sexual abuse” means sexual contact with a person who is considered incapable of consenting to a sexual act, including those under age 18. “Sexual contact” means any touching of the sexual or other intimate parts of a person or causing such person to touch the sexual or other intimate parts of the actor for the purpose of arousing or gratifying the sexual desire of either party. “Sexual exploitation” includes:

  • Contributing to the sexual delinquency of a minor;
  • Allowing, permitting, encouraging, or hiring a child to engage in prostitution or a commercial sex act, to purchase sex with a minor, or to engage in commercial sexual solicitation; and
  • Any other conduct which allows, employs, authorizes, permits, induces, or encourages a child to engage in the performing for people to observe or the photographing, filming, tape recording, or other exhibition which, in whole or in part, depicts sexual conduct or contact, sexual abuse involving a child or rape of a child, but not including any conduct which is part of any investigation or which is designed to serve educational or other legitimate purposes.

Pennsylvania

Code: Pennsylvania Cons. Stat. Tit. 23, § 6303; Tit. 18 § 3126

  • Statute of Limitations: By the victim’s 50th birthday, with exceptions
  • Penalties: Prison for up to 20 years, plus fines, depending on the specific crime committed

Under Pennsylvania law, “sexual abuse or exploitation” is the employment, use, persuasion, inducement, enticement, or coercion of a child to engage in or assist another individual to engage in sexually explicit conduct, which includes, but is not limited to:

  • Looking at the sexual or other intimate parts of a child or another individual for the purpose of arousing or gratifying sexual desire in any individual;
  • Participating in sexually explicit conversation either in person, by telephone, by computer or by a computer-aided device for the purpose of sexual stimulation or gratification of any individual;
  • Actual or simulated sexual activity or nudity for the purpose of sexual stimulation or gratification of any individual; and
  • Actual or simulated sexual activity for the purpose of producing visual depiction, including photographing, videotaping, computer depicting, or filming.

Sexual abuse also includes any of the following offenses committed against a child:

  • Rape
  • Statutory sexual assault
  • Involuntary deviant sexual intercourse (the use of a foreign object)
  • Sexual assault
  • Institutional sexual assault
  • Aggravated indecent assault
  • Indecent assault
  • Indecent exposure
  • Incest
  • Prostitution
  • Sexual abuse
  • Sexual exploitation

As related to child sexual abuse, “Indecent assault” is defined as a person having indecent contact with the complainant, causing the complainant to have indecent contact with the person, or intentionally causing the complainant to come into contact with seminal fluid, urine, or feces for the purpose of arousing sexual desire in the person or the complainant and:

  • the complainant is less than 13 years of age; or
  • the complainant is less than 16 years of age and the person is four or more years older than the complainant and the complainant and the person are not married to each other.

Rhode Island

Code: RI Gen L § 40-11-2 (2017); § 11-37 (2017)

In Rhode Island, an “abused and/or neglected child” means a child whose physical or mental health or welfare is harmed, or threatened with harm, when his or her parent or other person responsible for his or her welfare:

  • Commits, or allows to be committed, against the child, an act of sexual abuse;
  • Sexually exploits the child in that the person allows, permits, or encourages the child to engage in prostitution;
  • Sexually exploits the child in that the person allows, permits, encourages, or engages in the obscene or pornographic photographing, filming, or depiction of the child in a setting that, taken as a whole, suggests to the average person that the child is about to engage in, or has engaged in, any sexual act, or that depicts any such child under 18 years of age performing sodomy, oral copulation, sexual intercourse, masturbation, or bestiality;
  • Commits, or allows to be committed, any sexual offense against the child; or
  • Commits, or allows to be committed, against any child an act involving sexual penetration or sexual contact if the child is under 15 years of age; or if the child is 15 years or older, and (1) force or coercion is used by the perpetrator, or (2) the perpetrator knows, or has reason to know, that the victim is a severely impaired person.

A person is guilty of first-degree child molestation sexual assault if he or she engages in sexual penetration with a person fourteen 14 years of age or under. “Sexual penetration” means sexual intercourse, cunnilingus, fellatio, and anal intercourse, or any other intrusion, however slight, by any part of a person’s body or by any object into the genital or anal openings of another person’s body, or the victim’s own body upon the accused’s instruction, but emission of semen is not required. A person is guilty of a second-degree child molestation sexual assault if he or she engages in sexual contact with another person fourteen (14) years of age or under. “Sexual contact” means the intentional touching of the victim’s or accused’s intimate parts, clothed or unclothed, if that intentional touching can be reasonably construed as intended by the accused to be for the purpose of sexual arousal, gratification, or assault.

South Carolina

Code: SC Code § 63-7-20 (2016); § 16-3-651; § 16-3-800 (2016); § 16-3-2010 (2016)

South Carolina law provides that “child abuse or neglect” or “harm” occurs when the parent, guardian, or other person responsible for the child’s welfare:

  • commits or allows to be committed against the child a sexual offense as defined by the laws of this State or engages in acts or omissions that present a substantial risk that a sexual offense as defined in the laws of this State would be committed against the child; or
  • encourages, condones, or approves the commission of delinquent acts by the child including, but not limited to, sexual trafficking or exploitation, and the commission of the acts are shown to be the result of the encouragement, condonation, or approval.

“Sexual battery” means sexual intercourse, cunnilingus, fellatio, anal intercourse, or any intrusion, however slight, of any part of a person’s body or of any object into the genital or anal openings of another person’s body, except when such intrusion is accomplished for medically recognized treatment or diagnostic purposes. “Sexual conduct” means actual or simulated sexual intercourse, deviant sexual intercourse, sexual bestiality, masturbation, sadomasochistic abuse, or lewd exhibition of the genitals. “Child sexual performance” means any performance or part thereof that includes sexual conduct by a child younger than eighteen years of age. “Sex trafficking” means the recruitment, harboring, transportation, provision, or obtaining of a person for criminal sexual conduct, sexual battery, or sexual performance by a child when it is induced by force, fraud, or coercion or the person performing the act is under the age of eighteen years and anything of value is given, promised to, or received, directly or indirectly, by another person.

South Dakota

Code: SD Codified L § 26-8A-2 (2016); § 22-22-7.1 (2016); § 22-22-1 (2016)

  • Statute of Limitations: None for 1st or 2nd-degree rape; Before victim turns 25 or within 7 years of the commission of the crime, whichever is longer for 3rd or 4th-degree rape; 7 years for other sex offenses
  • Penalties: Prison up to life, plus fines, depending on the specific crime committed

In the context of child sexual abuse, South Dakota defines an “abused or neglected child” as one:

  • Whose parent, guardian, or custodian has abandoned the child or has subjected the child to mistreatment or abuse;
  • Who lacks proper parental care through the actions or omissions of the child’s parent, guardian, or custodian; or
  • Who is subject to sexual abuse, sexual molestation, or sexual exploitation by the child’s parent, guardian, custodian, or any other person responsible for the child’s care.

“Sexual penetration” means an act, however slight, of sexual intercourse, cunnilingus, fellatio, anal intercourse, or any intrusion, however slight, of any part of the body or of any object into the genital or anal openings of another person’s body. All of the foregoing acts of sexual penetration, except sexual intercourse, are also defined as sodomy. “Sexual contact” means any touching, not amounting to rape, whether or not through clothing or other covering, of the breasts of a female or the genitalia or anus of any person with the intent to arouse or gratify the sexual desire of either party. First-degree rape is an act of sexual penetration accomplished with any person under 13 years old. If the victim is thirteen years of age, but less than sixteen years of age, and the perpetrator is at least three years older than the victim, it’s considered 4th degree rape.

Tennessee

Code: TN Code § 37-1-602 (2016)

  • Statute of Limitations: Until age 18 or 4 years after the offense, whichever is later, for child victims, prior to July 1, 1997: Aggravated rape; Rape; Aggravated sexual battery; Sexual battery; Incest. Until age 21 for child victims between July 1, 1997- June 2006: Aggravated rape; Rape; Aggravated sexual battery; Sexual battery; Incest. Until the victim’s 43rd birthday for child victims on or after June 2006: Aggravated rape; Rape; Aggravated sexual battery; Sexual battery; Incest
  • Penalties: Prison up to 60 years, plus fines, depending on the specific crime committed

In Tennessee, the definition of child sexual abuse is exhaustive. “Child sexual abuse” means the commission of any act involving the unlawful sexual abuse, molestation, fondling, or carnal knowledge of a child under thirteen (13) years of age that on or after November 1, 1989, constituted the criminal offense of:

  • Aggravated rape
  • Aggravated sexual battery
  • Aggravated sexual exploitation of a minor
  • Especially aggravated sexual exploitation of a minor
  • Assault with intent to commit rape or attempt to commit rape or sexual battery
  • Incest
  • Sexual exploitation of a minor
  • Rape
  • Sexual Battery

“Child sexual abuse” also means one or more of the following acts:

  • Any penetration, however slight, of the vagina or anal opening of one person by the penis of another person, whether or not there is the emission of semen;
  • Any contact between the genitals or anal opening of one person and the mouth or tongue of another person;
  • Any intrusion by one (1) person into the genitals or anal opening of another person, including the use of any object for this purpose, except that it shall not include acts intended for a valid medical purpose;
  • The intentional touching of the genitals or intimate parts, including the breasts, genital area, groin, inner thighs, and buttocks, or the clothing covering them, of either the child or the perpetrator, except that it shall not include acts that may reasonably be construed to be normal caretaker responsibilities, interactions with, or affection for a child, or acts intended for a valid medical purpose; and
  • The intentional exposure of the perpetrator’s genitals in the presence of a child, or any other sexual act intentionally perpetrated in the presence of a child, if such exposure or sexual act is for the purpose of sexual arousal or gratification, aggression, degradation, or other similar purpose.

Tennessee law also prohibits the sexual exploitation of a child, which includes allowing, encouraging, or forcing a child to solicit for or engage in prostitution; or for any person to knowingly possess material that includes a minor engaged in sexual activity or simulated sexual activity that is patently offensive.

Texas

Code: Texas Fam. Code § 261.001; Pen Code Ch. 21

In Texas, “abuse” includes the following acts or omissions by a person:

  • sexual conduct harmful to a child’s mental, emotional, or physical welfare, including conduct that constitutes the offense of continuous sexual abuse of young child or children, indecency with a child, sexual assault, or aggravated sexual assault;
  • failure to make a reasonable effort to prevent sexual conduct harmful to a child
  • compelling or encouraging the child to engage in sexual conduct, including compelling or encouraging the child in a manner that constitutes an offense of trafficking of persons, prostitution, or compelling prostitution; or
  • causing, permitting, encouraging, engaging in, or allowing the photographing, filming, or depicting of the child if the person knew or should have known that the resulting photograph, film, or depiction of the child is obscene, or pornographic.

“Sexual contact” means any touching of the anus, breast, or any part of the genitals of another person with the intent to arouse or gratify the sexual desire of any person. “Continuous sexual abuse of young child or children” is committed by a person if:

  • During a period that is 30 or more days in duration, the person commits two or more acts of sexual abuse, regardless of whether the acts of sexual abuse are committed against one or more victims; and
  • At the time of the commission of each of the acts of sexual abuse, the actor is 17 years of age or older and the victim is a child younger than 14 years of age, regardless of whether the actor knows the age of the victim at the time of the offense.

An “act of sexual abuse” means:

  • Aggravated kidnapping, if the actor committed the offense with the intent to violate or abuse the victim sexually;
  • Indecency with a child, if the actor committed the offense in a manner other than by touching, including touching through clothing, the breast of a child;
  • Sexual assault;
  • Aggravated sexual assault;
  • Burglary, if the actor committed the offense with the intent to commit one of the above offenses;
  • Sexual performance by a child;
  • Trafficking of persons; and/or
  • Compelling prostitution.

Utah

Code: UT Code § 78A-6-105 (2017); § 76-5-401 (2017)

In Utah, “abuse” includes:

  • Sexual exploitation;
  • Sexual abuse; or
  • Human trafficking of a child.

“Sexual abuse” means:

  • An act or attempted act of sexual intercourse, sodomy, incest, or molestation by an adult directed towards a child;
  • Child bigamy;
  • Incest;
  • Lewdness;
  • Sexual battery;
  • Lewdness involving a child; or

Sexual abuse also includes an act or attempted act of sexual intercourse, sodomy, incest, or molestation committed by a child towards another child if:

  • There is an indication of force or coercion;
  • The children are related;
  • There have been repeated incidents of sexual contact between the two children unless the children are 14 years of age or older; or
  • There is a disparity in chronological age of four or more years between the two children.

A person may also be guilty of sexual abuse for engaging in any conduct with a child that would constitute an offense under any of the following, regardless of whether the person who engages in the conduct is actually charged with, or convicted of, the offense:

  • Having sexual intercourse with the minor;
  • Engaging in any sexual act with the minor involving the genitals of one person and the mouth or anus of another person, regardless of the sex of either participant; or
  • Causing the penetration, however slight, of the genital or anal opening of the minor by any foreign object, substance, instrument, or device, including a part of the human body, with the intent to cause substantial emotional or bodily pain to any person or with the intent to arouse or gratify the sexual desire of any person, regardless of the sex of any participant.

“Molestation” means that a person, with the intent to arouse or gratify the sexual desire of any person:

  • Touches the anus or any part of the genitals of a child;
  • Takes indecent liberties with a child; or
  • Causes a child to take indecent liberties with the perpetrator or another.

“Sexual exploitation” means knowingly: Employing, using, persuading, inducing, enticing, or coercing any child to:

  • Pose in the nude for the purpose of sexual arousal of any person; or
  • Engage in any sexual or simulated sexual conduct for the purpose of photographing, filming, recording, or displaying in any way the sexual or simulated sexual conduct

Or displaying, distributing, possessing for the purpose of distribution, or selling material depicting a child:

  • In the nude, for the purpose of sexual arousal of any person; or
  • Engaging in sexual or simulated sexual conduct; or
  • Engaging in any conduct that would constitute sexual exploitation of a minor, regardless of whether the person who engages in the conduct is actually charged with, or convicted of, the offense.

Vermont

Code: 33 V.S.A. § 4912; § 2821

  • Statute of Limitations: None for aggravated sexual assault against a child; Within 40 years of the assault for sexual assault of a minor
  • Penalties: Prison up to life, plus fines, depending on the specific crime committed

In Vermont, an “abused or neglected child” means a child whose physical health, psychological growth and development, or welfare is harmed or is at substantial risk of harm by the acts or omissions of his or her parent or other person responsible for the child’s welfare. An “abused or neglected child” also means a child who is sexually abused or at substantial risk of sexual abuse by any person and a child who has died as a result of abuse or neglect. “Sexual abuse” consists of any act or acts by any person involving sexual molestation or exploitation of a child, including:

  • Incest;
  • Prostitution;
  • Rape;
  • Sodomy;
  • Lewd and lascivious conduct involving a child;
  • Aiding, abetting, counseling, hiring, or procuring of a child to perform or participate in any photograph, motion picture, exhibition, show, representation, or other presentation which, in whole or in part, depicts sexual conduct, sexual excitement, or sadomasochistic abuse involving a child;
  • Viewing, possessing, or transmitting child pornography, with the exclusion of the exchange of images between mutually consenting minors, including the minor whose image is exchanged;
  • Human trafficking;
  • Sexual assault;
  • Voyeurism;
  • Luring a child; or

“Sexual conduct” means any of the following:

  • Any conduct involving contact between the penis and the vulva, the penis and the penis, the penis and the anus, the mouth and the penis, the mouth and the anus, the vulva and the vulva or the mouth and the vulva;
  • Any intrusion, however slight, by any part of a person’s body or any object into the genital or anal opening of another with the intent of arousing, appealing to, or gratifying the lust, passions or sexual desire of any person;
  • Any intentional touching, not through the clothing, of the genitals, anus or breasts of another with the intent of arousing, appealing to, or gratifying the lust, passions or sexual desire of any person;
  • Masturbation;
  • Bestiality; or
  • Sadomasochistic abuse for sexual purposes.

Virginia

Code: VA Code § 63.2-100 (2017); 18.2-63 (2017); § 18.2-67.4:2 (2017)

In regards to sexual abuse, Virginia law is brief. It defines an “abused or neglected child” as any child less than 18 years of age:

  • Whose parents or other person responsible for his care commits or allows to be committed any act of sexual exploitation or any sexual act upon a child in violation of the law; or
  • Who has been identified as a victim of sex trafficking or severe forms of trafficking.

There are also specific laws on the books regarding penalties for carnal knowledge of a minor between the ages of 13 and 15, and sexual abuse of a child under 15 years of age.

Washington

Code: WA Rev Code § 26.44.020 (2017); §§ 9A.44.073 (2017); 9A.44.076 (2017); 9A.44.079; 9A.44.083; 9A.44.086; 9A.44.089

  • Statute of Limitations: Before the victim’s 30th birthday
  • Penalties: Prison up to life, plus fines, depending on the specific crime committed

In Washington State, “abuse or neglect” means sexual abuse, sexual exploitation, or injury of a child by any person under circumstances that cause harm to the child’s health, welfare, or safety; or the negligent treatment or maltreatment of a child by a person responsible for or providing care to the child. An abused child is a child who has been subjected to child abuse or neglect as defined in this section. “Sexual exploitation” includes:

  • Allowing, permitting, or encouraging a child to engage in prostitution by any person; or
  • Allowing, permitting, encouraging, or engaging in the obscene or pornographic photographing, filming, or depicting of a child by any person.

Rape of a minor includes sexual penetration, however slight, as well as: Any penetration of the vagina or anus however slight, by an object, when committed on one person by another, whether such persons are of the same or opposite sex, except when such penetration is accomplished for medically recognized treatment or diagnostic purposes, and Any act of sexual contact between persons involving the sex organs of one person and the mouth or anus of another whether such persons are of the same or opposite sex. Child molestation includes sexual contact, meaning any touching of the sexual or other intimate parts of a person done for the purpose of gratifying the sexual desire of either party or a third party.

Code: Washington, DC

DC Code § 16–2301 (2017); § 22–3001 (2017)

  • Statute of Limitations: Before the victim’s 36th birthday
  • Penalties: Prison up to life, plus fines, depending on the specific crime committed

Washington, DC defines the term “abused”, when used with reference to a child, as:

  • Infliction of physical or mental injury upon a child;
  • Sexual abuse or exploitation of a child; or
  • Negligent treatment or maltreatment of a child.

The term “sexual exploitation” means a parent, guardian, or other custodian allows a child to engage in prostitution or means a parent, guardian, or other custodian engages a child or allows a child to engage in obscene or pornographic photography, filming, or other forms of illustrating or promoting sexual conduct. The term “sexual abuse” means:

  • Engaging in, or attempting to engage in, a sexual act or sexual contact with a child;
  • Causing or attempting to cause a child to engage in sexually explicit conduct; or
  • Exposing a child to sexually explicit conduct.

The term “sexually explicit conduct” means actual or simulated:

  • Sexual act;
  • Sexual contact;
  • Bestiality;
  • Masturbation; or
  • Lascivious exhibition of the genitals, anus, or pubic area.

“Sexual act” means:

  • The penetration, however slight, of the anus or vulva of another by a penis;
  • Contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus; or
  • The penetration, however slight, of the anus or vulva by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.
  • The emission of semen is not required.

“Sexual contact” means the touching with any clothed or unclothed body part or any object, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.

West Virginia

Code: WV Code § 49-1-201 (2016); § 61-8B-1 (2016)

West Virginia law provides that “abused child” means a child whose health or welfare is being harmed or threatened by:

  • A parent, guardian, or custodian who knowingly or intentionally inflicts, attempts to inflict or knowingly allows another person to inflict, physical injury or mental or emotional injury, upon the child or another child in the home. Physical injury may include an injury to the child as a result of excessive corporal punishment;
  • Sexual abuse or sexual exploitation;
  • The sale or attempted sale of a child by a parent, guardian or custodian; or
  • Domestic violence.

“Sexual abuse” means:

  • Engaging in, attempting to engage in, or knowingly procuring another person to engage in sexual intercourse, sexual intrusion, or sexual contact with a child younger than age 16, notwithstanding the fact that the child may have willingly participated in such conduct or the fact that the child may have suffered no apparent physical injury or mental or emotional injury as a result of such conduct
  • Engaging in, attempting to engage in, or knowingly procuring another person to engage in sexual intercourse, sexual intrusion, or sexual contact with a child age 16 or older, notwithstanding the fact that the child may have consented to such conduct or the fact that the child may have suffered no apparent physical injury or mental or emotional injury as a result of such conduct
  • Any conduct whereby a parent, guardian, or custodian displays his or her sex organs to a child or procures another person to display his or her sex organs to a child for the purpose of gratifying the sexual desire of the parent, guardian, or custodian, of the person making such display, or of the child, or for the purpose of affronting or alarming the child

“Sexual exploitation” means an act where:  

  • A parent, custodian, or guardian, whether for financial gain or not, persuades, induces, entices, or coerces a child to engage in sexually explicit conduct; or
  • A parent, guardian, or custodian persuades, induces, entices, or coerces a child to display his or her sex organs for the sexual gratification of the parent, guardian, custodian, or a third person, or to display his or her sex organs under circumstances in which the parent, guardian or custodian knows that the display is likely to be observed by others who would be affronted or alarmed.

“Sexual contact” means any intentional touching, either directly or through clothing, of the breasts, buttocks, anus, or any part of the sex organs of another person, or intentional touching of any part of another person’s body by the actor’s sex organs, where the victim is not married to the actor and the touching is done for the purpose of gratifying the sexual desire of either party. “Sexual intercourse” means any act between persons involving penetration, however slight, of the female sex organ by the male sex organ or involving contact between the sex organs of one person and the mouth or anus of another person. “Sexual intrusion” means any act between persons involving penetration, however slight, of the female sex organ or of the anus of any person by an object for the purpose of degrading or humiliating the person so penetrated or for gratifying the sexual desire of either party.

Wisconsin

Code: WI Stat § 48.02 (2017); § 940.225 (2017)

  • Statute of Limitations: None for sexual assault of a child (1st degree); Before the victim’s 45th birthday for other sexual offenses against children, with exceptions.
  • Penalties: Prison up to life, plus fines, depending on the specific crime committed

In Wisconsin, “abuse” includes:

  • Sexual intercourse or sexual contact
  • Sexual exploitation of a child
  • Permitting, allowing, or encouraging a child to engage in prostitution
  • Causing a child to view or listen to sexual activity
  • The exposure of one’s genitals to a child

“Sexual contact” means any of the following types of intentional touching, whether direct or through clothing, if that intentional touching is either for the purpose of sexually degrading; or for the purpose of sexually humiliating the complainant or sexually arousing or gratifying the defendant or if the touching contains the elements of actual or attempted battery:

  • Intentional touching by the defendant or, upon the defendant’s instruction, by another person, by the use of any body part or object, of the complainant’s intimate parts;
  • Intentional touching by the complainant, by the use of any body part or object, of the defendant’s intimate parts or, if done upon the defendant’s instructions, the intimate parts of another person.
  • Conversely, it also includes intentionally causing the complainant to ejaculate or emit urine or feces on any part of the defendant’s body, whether clothed or unclothed, or the purpose of sexually degrading or humiliating the complainant or sexually arousing or gratifying the defendant.

It also includes intentional penile ejaculation of ejaculate or intentional emission of urine or feces by the defendant or, upon the defendant’s instruction, by another person upon any part of the body clothed or unclothed of the complainant if that ejaculation or emission is either for the purpose of sexually degrading or sexually humiliating the complainant or for the purpose of sexually arousing or gratifying the defendant. “Sexual intercourse” includes its traditional meaning as well as cunnilingus, fellatio or anal intercourse between persons or any other intrusion, however slight, of any part of a person’s body or of any object into the genital or anal opening either by the defendant or upon the defendant’s instruction. The emission of semen is not required.

Wyoming

Code: WY Stat § 14-3-202 (2016); § 6-2-301 (2016)

In Wyoming, “abuse”  means inflicting or causing physical or mental injury, harm, or imminent danger to the physical or mental health or welfare of a child other than by accidental means, including abandonment, excessive or unreasonable corporal punishment, malnutrition, or substantial risk thereof by reason of intentional or unintentional neglect, and the commission or allowing the commission of a sexual offense against a child as defined by law. “Sexual assault” means a person inflicted sexual intrusion on a victim by force or without consent. “Sexual intrusion” means:

  • Any intrusion, however slight, by any object or any part of a person’s body, except the mouth, tongue, or penis, into the genital or anal opening of another person’s body if that sexual intrusion can reasonably be construed as being for the purposes of sexual arousal, gratification or abuse; or
  • Sexual intercourse, cunnilingus, fellatio, analingus, or anal intercourse with or without emission.

“Sexual battery” means a person unlawfully subjected another person to any sexual contact. “Sexual contact” means touching, with the intention of sexual arousal, gratification, or abuse, of the victim’s intimate parts by the actor, or of the actor’s intimate parts by the victim, or of the clothing covering the immediate area of the victim’s or actor’s intimate parts.

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