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Is molestation the same as sexual battery?

Angier, NC |

is molestation the same as sexual battery?

Attorney Answers 1


  1. Molestation can encompass many crimes. If the perpetrator is 5 or more years older than the child and the child is less than 16, that would be the felony of indecent liberties with a child. If there was penetration and the age difference is greater than 4 years and the child is less 16, that is the felony of Statutory Sex Offense (2nd degree), if there is penetration and the age difference is greater than 6 years and the child is less than 16, that is the felony of Statutory Sex Offense (1st Degree), if there is penetration and the age difference is greater than 6 years and the child is less than 12, that is the aggravated felony of Statutory Sex offense and is punished at 300 months to life. If both were children, that is the juvenile misdemeanor of indecent liberties between children. If both were adults and there was nothing more then a sexual touch, it is sexual battery. Every one of these crimes requires registration as a sex offender (except indecent liberties between children and the 2nd degree Statutory offense . . . assuming the child willingly participated).

    The information provided by Attorney Matthew V. Silva is based upon the generic and ambiguous facts presented in short questions. Without a full consultation with an attorney, you should not rely upon any information presented in this forum. The intricate facts of every case are different. The information provided is not legal advice and should not be the basis of any decision without the actual guidance of an attorney. Further, any information provided by Attorney Matthew V. Silva should not be perceived as a willingness to represent you or actual representation. If you would like to speak with Attorney Matthew V. Silva, please call Silva and Sweet, PLLC at 910-333-9833 or visit www.silvaandsweet.com.

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