Legal Question in Criminal Law in Arizona

molestation

I would like to know if the following situation is considered molestation. If not, what legal term would be used to describe it?

Perp is first caught peeping on child in shower and private bedroom. Perp graduates to sneeking into child's sleeping area and staring at them while they sleep. Perp graduates to touching child while they sleep. Child has awakened to being touched over their clothing, having buttocks squeezed, and an attempt to remove child's pants. When the child awakens, the perp gets scared and leaves as if nothing has happened.

Are these actions considered criminal since the perp has never actually committed a full sexual act?


Asked on 3/06/02, 3:03 am

2 Answers from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: molestation

Such behavior is Criminal Sexual Contact with a minor/child and is a criminal act if proveable.

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Answered on 3/06/02, 10:19 am
Jason Lamm Jason D. Lamm Attorney at Law

Re: molestation

Given my sex crimes background, perp could be charged with sexual abuse for the touching, and possibly attempted sexual conduct with a minor. Depends who's prosecuting.

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Answered on 3/06/02, 12:58 pm


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