38 - What’s the difference between Sexual Conduct with a Minor and Child Molestation?
Molestation of a Child and Sexual Conduct with a Minor can be tricky to differentiate. A person commits Sexual Conduct with a Minor by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person who is under eighteen years of age. "Sexual intercourse" means penetration into the penis, vulva or anus by any part of the body or by any object or masturbatory contact with the penis or vulva. “Oral sexual contact" means oral contact with the penis, vulva or anus
A person commits Molestation of a Child by intentionally or knowingly engaging in or causing a person to engage in sexual contact, except sexual contact with the female breast, with a child who is under fifteen years of age. "Sexual contact" means any direct or indirect touching, fondling or manipulating of any part of the genitals, anus or female breast by any part of the body or by any object or causing a person to engage in such contact. See Arizona Revised Statutes §13-1401, 1405, and 1410 for details.
The basic difference between Sexual Conduct with a Minor and Molestation of a Child is that Sexual Conduct with a Minor involves any penetration of any kind with any object, including the fingers, a penis or another tangible object. It also includes masturbatory contact or oral sexual contact with the anus, vulva, or penis. Molestation of a Child, on the other hand, only includes fondling, touching or manipulating of the anus, vulva or penis. If you masturbate a child, perform or receive oral sex, or penetrate the vulva or anus in any way with any object, you have committed Sexual Conduct with a Minor.