Factsheets: Crimes Against Children

• Overview
• Crimes
• Sentencing Enhancements
• Mandatory Reporting of Child Abuse
• Representation of Children in the Courts
• Prevention of Crimes Against Children
• Conclusion
• Bibliography
• For more information....

Overview

Every state recognizes a special duty to protect children. Across the country, states have defined numerous crimes against children, provided higher levels of punishment for crimes committed against children, required the reporting of crimes against children, and adopted a variety of special laws aimed at reducing the victimization of children. (All statutes discussed in this summary are current through 1997 unless otherwise indicated. Source: National Center for Victims of Crime, Legislative Database.)

Crimes

Each state has developed extensive laws regarding crimes against children. Traditional classes of crimes against children include:

• Neglect or abandonment;
• Physical, emotional, or sexual abuse;
• Abduction—by stranger or by family;
• Child pornography or sexual exploitation of children; and
• Statutory rape.

In addition to these, states have created other classifications of crimes against children. Many of these involve exposing children to harm, such as committing drunk driving with a child in the car, allowing a child to have access to a firearm, or battering a pregnant woman. Others involve attempts to break the cycle of violence, such as criminalizing the commission of domestic violence in the presence of a child, or criminalizing a gang’s solicitation of members.

Sentencing Enhancements

Along with defining specific offenses as crimes against children, states often attach a higher penalty for various violent offenses when they are committed against children. For example, in Arizona, indecent exposure is ordinarily a Class 1 misdemeanor, but indecent exposure to a person under 15 is a Class 6 felony.1 The young age of the victim may also be an "aggravating circumstance" in sentencing an offender, as in Alaska and Indiana.2

Mandatory Reporting of Child Abuse

Every state has a law that requires child abuse to be reported. While most of those laws apply to specified professionals, especially physicians and teachers, a few require every person with knowledge of child abuse of a child to report the abuse to authorities. In most states, while there is no requirement that every person report child abuse, all are encouraged to report abuse. Many of those mandatory reporting laws are limited to requiring reports of abuse by a parent, guardian, or other caretaker. They do not require that all crimes against children be reported.

Each state’s mandatory reporting law generally designates the agency to which the report must be made, usually the police or a child protection agency. Typically, the law requires an immediate report by telephone or some other means, followed by a written report within a few days. Most states give immunity from lawsuits for any person who makes such a report in good faith, and frequently provide that the identity of the reporter remains confidential. However, such confidentiality usually will not prevent the reporter from being identified in any legal proceedings that result from the investigation of the initial report. There are legal time limits imposed for the initiation and completion of the investigation of any abuse or neglect report. In some states, the person who initially made the report of child abuse is entitled to a copy of the resulting investigative report.

Representation of Children in the Courts

In the court system, states take care to see that the interests of a child are represented. States recognize that children need additional sensitivity and guidance as they move through the criminal justice process. For many years, states have appointed a guardian ad litem to protect the best interests of the child in legal proceedings—especially in proceedings adverse to the child’s parents or legal guardian. Now, more states are using court-appointed special advocates (CASA) — volunteers who are assigned to a child’s case to protect the best interests of the child. They assist the court in making discretionary decisions such as the best placement for the child victim, as well as to resolve questions concerning the child’s competency to testify. The duties of CASA volunteers frequently include guiding the victim and victim’s family through the investigative and judicial processes. CASA volunteers may also help the child and the child’s family cope with the emotional impact of the offense.

Prevention of Crimes Against Children

There is expanded awareness today of the potential for child abuse in institutions, such as schools or day care facilities, and organizations; such as scouting and sports clubs. As a result, states generally require criminal history background checks for employees and license applicants for child care facilities, schools, and other institutions. Many of these laws allow only for a check of the convictions in a person’s record, but others also include a check for prior arrests, and of the state’s sex offender registry—if there is one. While children’s organizations such as sports, scouting, or other programs are not generally legally required to conduct background checks on volunteers; they are often permitted and encouraged to take these precautions.

With the increasing concern about violence in our nation’s schools, states are trying various legislative approaches to make schools safer. Many have established "school safety zones," which may involve prohibiting dangerous offenders from residing within a certain distance of a school,3 increasing the penalty for crimes committed in a school or on school grounds,4 and prohibiting possession of weapons in school zones.5 States have also begun to require school personnel to report violent crimes on school grounds.6

In addition, states have begun to address the problem of teacher safety. Several states have created special crimes for assault of teachers.7 Some states require that school personnel be notified when a juvenile attending that school is arrested or adjudicated for a violent crime.8 In Kentucky, a teacher must be notified before a student with a history of physical abuse of school personnel, or carrying a concealed weapon to school, is placed in the classroom.9 Several states have also enacted laws to ensure that teachers who are assaulted on the job have paid leave of absence or other compensation.10

Nearly every state has a law which allows citizens to be informed about dangerous child sex offenders who have been released from custody. These laws, called "community notification laws," vary greatly in terms of the means by which notice is given. In some states, "community notice" involves notifying various persons of the sex offender’s release into the community. Depending on the level of danger the convicted offender is deemed to present, notice may be given to all those living in a neighborhood, or notice may be limited to schools, children’s organizations, and other specified groups or institutions. In some states, "community notification" merely entails allowing public access to the list of registered sex offenders kept at the sheriff’s office or police station. Some states have even more restrictive access to information, requiring members of the public to provide detailed identity information about the specific individuals they have questions about, such as the name, address, social security number, or other information. Increasingly, states put information about sex offenders on the Internet.

States have also adopted laws relating to missing children. States often require a child’s birth certificate or school records to be flagged when the child is reported missing. Then, if the child’s records are requested by someone—for instance, if someone requests the records to register the child in another school—the officials are put on notice that the child has been reported missing. The official can then follow the state’s procedure for investigation of the request. Another trend in the law is to require police to file an immediate report of a missing child into a statewide computer system, rather than permitting police to wait for a period of time to ensure that the child is indeed missing.

Conclusion

Child protection laws are continuing to change. With new crimes against children being defined, increased protection for child victims put into place, and new measures enacted to prevent crimes against children, states are attempting to find the most effective ways to protect society’s youngest members. For information regarding the laws in your area, contact your local prosecutor, state Attorney General, or local law library.

Bibliography

Feller, Jane, Howard Davidson, Mark Hardin and Robert Horowitz. (1992). Working with the Courts in Child Protection. Washington, DC: National Center on Child Abuse and Neglect, U.S. Department of Health and Human Services.

National Center for Missing and Exploited Children. (1994). Missing and Abducted Children: A Law Enforcement Guide to Case Investigation and Program Management. Arlington, VA.

National Center for the Prosecution of Child Abuse. (1993). Investigation and Prosecution of Child Abuse. Alexandria, VA: American Prosecutors Research Institute, National District Attorneys Association.

National Clearinghouse on Child Abuse and Neglect and National Center for the Prosecution of Child Abuse. (1995). Reporting Laws, Vol. I—Child Abuse and Neglect State Statutes Series. Washington, DC: National Center on Child Abuse and Neglect, U.S. Department of Health and Human Services.

National Clearinghouse on Child Abuse and Neglect and National Center for the Prosecution of Child Abuse. (1995). Central Registries, Vol. II—Child Abuse and Neglect State Statutes Series. Washington, DC: National Center on Child Abuse and Neglect, U.S. Department of Health and Human Services.

National Clearinghouse on Child Abuse and Neglect and National Center for the Prosecution of Child Abuse. (1995). Investigations, Vol. III—Child Abuse and Neglect State Statutes Series. Washington, DC: National Center on Child Abuse and Neglect, U.S. Department of Health and Human Services.

National Clearinghouse on Child Abuse and Neglect and National Center for the Prosecution of Child Abuse. (1995). Child Witnesses, Vol. IV—Child Abuse and Neglect State Statutes Series. Washington, DC: National Center on Child Abuse and Neglect, U.S. Department of Health and Human Services.

National Clearinghouse on Child Abuse and Neglect and National Center for the Prosecution of Child Abuse. (1995). Crimes, Vol. V—Child Abuse and Neglect State Statutes Series. Washington, DC: National Center on Child Abuse and Neglect, U.S. Department of Health and Human Services.

National Center for Victims of Crime. (1995). "Child Abuse." GET HELP Series, Arlington, VA.

National Center for Victims of Crime. (1995). "Child Sexual Abuse." GET HELP Series, Arlington, VA.

National Center for Victims of Crime. (1995). "Extensions of the Criminal and Civil Statutes of Limitations in Child Sexual Abuse Cases." GET HELP Series, Arlington, VA.

National Center for Victims of Crime. (1995). "Special Provisions for Children in the Criminal Justice System." GET HELP Series, Arlington, VA.

Whitcomb, Debra. (1992). When the Victim is a Child—Issues and Practices in Criminal Justice Series, 2nd edition. Washington, DC: National Institute of Justice, U.S. Department of Justice.

For additional information, please contact:

American Bar Association
Center for Children and the Law
740 15th Street, NW
10th Floor
Washington, DC 20005-1009
(202) 662 - 1500

National Center on Child Abuse and Neglect
U.S. Department of Health and Human Services
P.O. Box 1182
Washington, DC 20013-1182
(202) 205 - 8586

National Center for Missing and Exploited Children
2101 Wilson Boulevard, Suite 550
Arlington, VA 22201
(800) 843 - 5678
(800) 826 - 7653 (TDD)
(703) 235 - 3900

National Center for Prosecution of Child Abuse
American Prosecutors Research Institute
99 Canal Center Plaza, Suite 510
Alexandria, VA 22314
(703) 739 - 0321

National Child Welfare Resource Center for Management and Administration
96 Falmouth Street
Portland, ME 04103
(800) HELP - KID
(207) 780 - 4430

National Children's Advocacy Center
106 Lincoln Street
Huntsville, AL 35801
(205) 533 - 5437

National Court Appointed Special Advocate Association
2722 Eastlake Avenue East, Suite 220
Seattle, WA 98102
(800) 628 - 3233
(206) 328 - 8588

National Resource Center on Child Abuse and Neglect
American Humane Association
63 Inverness Drive, East
Englewood, CO 80112
(800) 227 - 5242

National Resource Center on Child Sexual Abuse
2204 Whitesburg S. Drive
Huntsville, AL 35801-4546
(800) 543 - 7006 (Information Services)
(800) 239 - 9938 (Training)
(205) 534 - 6868

Resource Center on Child Custody and Child Protection
National Council on Juvenile and Family Court Judges
P.O. Box 8970
Reno, NV 98507
(800) 527 - 3228
(702) 784 - 6012

Your local prosecutor, state Attorney General, or county/city law enforcement
Check in the Blue Pages of your local phone book under the appropriate section heading of either "Local Governments," "County Governments," or "State Government."