Sexual violence against minors is a criminal offense in most countries, with varying penalties in the US. Offenses are usually misdemeanors with increased penalties for aggravating factors such as age, use of a weapon, or position of trust. The age of the minor also affects penalties, with younger victims resulting in higher penalties. Sexual assault of a minor is a federal crime with mandatory registration as a sex offender. Failure to register is also a criminal offense.
Sexual violence against a minor is criminalized in most countries around the world. In the United States, penalties vary from state to state. In some jurisdictions, penalties are increased based on the age of the minor and the circumstances of the offence.
A “minor” for the purposes of the crime of child sexual assault is anyone 17 years of age or younger. Some states make a distinction between sexual abuse and sexual assault. Sexual abuse is generally defined as touching and fondling of a sexual nature through or under clothing for the sexual gratification of one party. Sexual assault is usually defined as an act of sexual penetration by the threat or use of force. In some jurisdictions, penetration by the use of an object or tool falls within the definition of the offence.
The offense is almost uniformly a misdemeanor, subject to a prison sentence. The use of a weapon is usually an aggravating circumstance that increases the penalties for sexual assault of a minor. Other aggravating factors in various jurisdictions include befriending the minor to engage in the offence. The penalties are also increased if the perpetrator has held a position of trust towards the minor. Positions of trust include those of teachers, counselors, and clergy.
The specific age of the minor is also a factor in penalties for sexual assault of a minor. In most states, the penalties increase as the age of the minor decreases. In some states, for example, if the victim is a child under the age of 14, the offense will be upper class. The higher the class of crime the higher the range of minimum and maximum sentences. In states that use indeterminate sentencing, where there is no fixed sentence term, the sentence can be any term of years up to life in prison.
Sexual assault of a minor is a federal crime when it occurs in federal maritime jurisdiction, a territory of the United States, or if the victim is driven across state lines to commit the crime. The penalties are aggravated if the victim has not yet turned 12. The sentence can range from one year to life in prison, while conviction for a second offense carries mandatory life in prison.
In most US states, anyone convicted of sexual assault of a minor must register as a sex offender. Registration must be renewed each time the offender moves to a new address. The requirement to register as a sex offender can be lifelong. Most states maintain databases of all registered sex offenders, and the information is publicly available. Failure to register at the appropriate times is itself a criminal offense and results in a probation violation and return to prison.
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