Difference between revisions of "Molestation and other sex crimes against children"

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(Model Penal Code)
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==Model Penal Code==
 
==Model Penal Code==
  
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There is no one article under the Model Penal Code that addresses molestation against children. However, molestation of minors is covered under article 213.4, sexual assault. This section provides that a person who has sexual contact with another not his spouse, or causes such other to have sexual contact with him, is guilty of sexual assault if the victim is less than 10 years old or the victim is less than 16 years old and the actor is more than four years older than the victim.<ref>Model Penal Code, § 213.4 (2001)</ref> It is also sexual assault when the victim is less than 21 years old and the actor is his guardian or otherwise responsible for the victim's welfare.<ref>Model Penal Code, § 213.4 (2001)</ref> Sexual assault is a misdemeanor.<ref>Model Penal Code, § 213.4 (2001)</ref> There is also an article that address related sexual offenses such as corruption of minors and seduction. This crime is outlined in article 213.3. Under the Model Penal Code, a male commits the offense of corruption of minors when he has sexual intercourse with a female who is not his wife who a) is under the age of 16 and the male is at least four years older than the other person or b) is less than 21 years old and the actor is his guardian or otherwise responsible for general supervision of his welfare or c) the other person is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over him or d) the other person is a female who is induced to participate by a promise of marriage which the actor does not mean to perform.<ref>Model Penal Code § 213.3 (2001)</ref> This crime is a felony in the third degree.<ref>Model Penal Code § 213.3 (2001)</ref>
  
 
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Revision as of 03:41, 22 February 2011

Background

Molestation is the persecution or harassment of someone, usually performed for a sexual gratification.[1] Closely related is the crime of pedophilia, which is a disorder consisting of a sexual desire for sexual gratification by molesting children.[2]

Model Penal Code

There is no one article under the Model Penal Code that addresses molestation against children. However, molestation of minors is covered under article 213.4, sexual assault. This section provides that a person who has sexual contact with another not his spouse, or causes such other to have sexual contact with him, is guilty of sexual assault if the victim is less than 10 years old or the victim is less than 16 years old and the actor is more than four years older than the victim.[3] It is also sexual assault when the victim is less than 21 years old and the actor is his guardian or otherwise responsible for the victim's welfare.[4] Sexual assault is a misdemeanor.[5] There is also an article that address related sexual offenses such as corruption of minors and seduction. This crime is outlined in article 213.3. Under the Model Penal Code, a male commits the offense of corruption of minors when he has sexual intercourse with a female who is not his wife who a) is under the age of 16 and the male is at least four years older than the other person or b) is less than 21 years old and the actor is his guardian or otherwise responsible for general supervision of his welfare or c) the other person is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over him or d) the other person is a female who is induced to participate by a promise of marriage which the actor does not mean to perform.[6] This crime is a felony in the third degree.[7]


See Crimes

Notes

  1. Black's Law Dictionary, 9th Edition (2009)
  2. Black's Law Dictionary, 9th Edition (2009)
  3. Model Penal Code, § 213.4 (2001)
  4. Model Penal Code, § 213.4 (2001)
  5. Model Penal Code, § 213.4 (2001)
  6. Model Penal Code § 213.3 (2001)
  7. Model Penal Code § 213.3 (2001)