child sexual assault

In US federal law, 'child sexual assault' denotes physical sexual abuse of, or sexual acts with, minors, and the term primarily covers the offences criminalised under 18 U.S.C. §§ 2241(c) and 2243. It is not a fixed, standalone term in the U.S. Code, but is used in practice and in litigation as a collective label for these offences.

The most serious provision, 18 U.S.C. § 2241(c), concerns 'aggravated sexual abuse with children' and criminalises sexual acts with children under 12 committed within federal jurisdiction or by crossing state lines with intent to commit abuse. Under certain conditions, the provision also applies to victims aged 12–15 where the perpetrator is at least four years older than the victim. 18 U.S.C. § 2243(a) criminalises 'sexual abuse of a minor' and targets sexual acts with persons aged 12–15 where the perpetrator is at least four years older. The sentencing range under this provision is lower than under § 2241(c), but the offence is still regarded as a serious federal crime.

In well-known prosecutions such as those of Jared Fogle and Warren Jeffs, the term is used precisely in this sense: direct sexual acts with or against minors. Fogle was convicted, among other things, of travelling with intent to engage in sexual conduct with minors, while Jeffs was convicted in Texas — under state law, not federal law — of sexual assault of underage girls with whom he had entered into so-called spiritual marriages.

Unlike related federal offences such as possession or distribution of child pornography — regulated under other provisions of 18 U.S.C. chapter 110 — 'child sexual assault' in this context requires a direct physical sexual act directed at a child. The two categories may nonetheless arise in the same case and lead to cumulative charges.