Sex Crimes: Which Acts are Considered Sex Crimes?
Sex crimes are acts committed by an individual involving coerced or illegal sexual conduct with another person. There are both federal and state statutes defining these crimes and their punishments. State and federal statutes also specify sex crime statutes of limitations, which limit the time allowed for criminal prosecution or civil suit against an offender. Following are some examples of sex crimes.
Rape and Sexual Assault
Since 2012, rape is defined by the United States Attorney General as penetration to any degree of a person’s vagina, anus, or mouth by another person’s body part or an object when done without consent. This definition additionally removes all references to the gender of the perpetrator or victim and also specifies these acts as rape if the victim is incapacitated due to drugs, alcohol, age or some type of impairment. Additionally, a victim does not have to attempt to resist or fight off the perpetrator in order for the act to be defined as rape.
Sexual assault is a general category of offense that involves any type of sexual act done without the consent of the victim. This includes sodomy, rape, fondling and attempted rape.
Statutory rape is defined as an act of penetrative sex with someone who has not yet reached the legal age of consent as determined by laws in the state where the act occurs. In statutory rape, the victim may consent to the act, but it is still a crime if he or she is underage. If the victim is a child as defined by state law, the act may be considered child molestation instead of statutory rape.
It is also illegal in the United States for a spouse to force or coerce sexual acts on their marital or domestic partner. This includes acts of rape, sexually demeaning behavior and violence on sexual body parts of the victim.
Child Molestation and Sexual Conduct with a Minor
These laws pertain to any sexual contact or exploitation of a person under the age of 18. In most cases, child molestation crimes are prosecuted under state law. However, federal prosecution is possible if the crime occurs on federal lands such as Indian territories, National Parks, or military bases. If the crime includes force, bodily injury, kidnapping or the death of a victim, significantly harsher penalties are often applied for the aggravated circumstances.
Lewd and Lascivious Acts with a Child
These offenses involve sexual contact with a child, as defined by state law, in which the perpetrator intends to gratify his or her sexual desires or those of a third party. Lewd and lascivious acts are treated more harshly than offenses of indecent exposure but less harshly that acts of sexual battery or rape.
Indecent Exposure and Public Sexual Indecency
These are state laws prohibiting a person from exposing his or her genitals in public with the intent of frightening or offending others, gratifying the sexual desires of the perpetrator or enticing a sexual response from a person who witnesses the act. The exposure of a female breast in public is not considered exposure of genitals, making it legal to breastfeed an infant in public. Furthermore, exposure of underwear alone is also insufficient for charges of indecent exposure.
Incest is sexual conduct between persons who are closely related by blood. This includes siblings, parents and their children, grandparents and grandchildren as well as uncles and aunts having sex with nieces or nephews. Some states also define incest as sexual conduct between people who are first cousins. Incest is a criminal act, regardless of consent between the people involved.
Prostitution and Solicitation
Prostitution is the crime of engaging in a sexual act for money or other compensation, such as drugs. Crimes of prostitution are outlawed in all states with the one exception being Nevada, where a limited number of registered brothels are allowed to conduct prostitution legally. Solicitation is the crime of seeking a customer for a paid sexual act performed by the soliciting person or someone else. Prostitution and solicitation are often both treated under the same state statutes.
While many sex crimes are defined and prosecuted under state laws, crimes involving child pornography are covered by federal statutes Section 2256A, Section 2252, and Section 2260 of Title 18 of the United States Code. The First Amendment of the U.S. Constitution guaranteeing freedom of speech and expression does not protect the right to make, view or distribute any form of child pornography. The definition of child pornography is broad and includes any photographic, video or digital depiction of a person under the age of 18 if it is created for the intent of sexual gratification of the viewer, even if the child is not actively engaged in a sexual act. These laws also apply to computer generated images not actually depicting real persons.
Failure to Register as a Sex Offender
Registering as a sex offender is another sex crime covered by federal law. All persons convicted of sex crimes are required by Section 2250, Title 18 of the United States Code to register themselves under the Sex Offender Registration and Notification Act (SORNA). If these offenders fail to register, they can be prosecuted for a violation of a sex offender registration statute. People who are registered sex offenders can be identified by the public, without charge, through the National Sex Offender Public Registry administered by the United States Department of Justice.
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Additional Sex Crime Articles
- Sex Offender Registry: Can I Get My Name Removed?
- What is a Sex Offender?
- Sex Offender Registry: FAQ
- Difference Between Rape & Statutory Rape