Rape vs Molest?

I want to know the legal difference between rape and molest. Please do not respond unless you know how the law defines this. I have looked up the definitions but that is no help with what the difference is. Please cite sources if possible. Thank you.
Answer:   I suspect that, in most states, the elements of the crimes are the same and both fall under "sexual assault." They're generally outmoded terms that aren't actual charges in a lot of places anymore.

According to Black's Law Dictionary, molestatoin is "the act of making unwanted and indecent advances to or on someone, esp. for sexual gratification." It also defines "Child Molestation" as "Any indecent or sexual activity on, involving or surrounding a child, usually under the age of 14. See Federal Rule of Evidence 414(d).

FRE 414(d): (d) For purposes of this rule and Rule 415, "child" means a person below the age of fourteen, and "offense of child molestation" means a crime under Federal law or the law of a State (as defined in section 513 of title 18, United States Code) that involved--

(1) any conduct proscribed by chapter 109A of title 18, United States Code, that was committed in relation to a child;

(2) any conduct proscribed by chapter 110 of title 18, United States Code;

(3) contact between any part of the defendant's body or an object and the genitals or anus of a child;

(4) contact between the genitals or anus of the defendant and any part of the body of a child;

(5) deriving sexual pleasure or gratification from the infliction of death, bodily injury, or physical pain on a child; or

(6) an attempt or conspiracy to engage in conduct described in paragraphs (1)-(5)."

In Nevada, Sexual Assault covers a wide variety of crimes:

NRS 200.366 Sexual assault: Definition; penalties.

1. A person who subjects another person to sexual penetration, or who forces another person to make a sexual penetration on himself or another, or on a beast, against the will of the victim or under conditions in which the perpetrator knows or should know that the victim is mentally or physically incapable of resisting or understanding the nature of his conduct, is guilty of sexual assault.

2. Except as otherwise provided in subsections 3 and 4, a person who commits a sexual assault is guilty of a category A felony and shall be punished:

(a) If substantial bodily harm to the victim results from the actions of the defendant committed in connection with or as a part of the sexual assault, by imprisonment in the state prison:

(1) For life without the possibility of parole; or

(2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 15 years has been served.

(b) If no substantial bodily harm to the victim results, by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served.

3. Except as otherwise provided in subsection 4, a person who commits a sexual assault against a child under the age of 16 years is guilty of a category A felony and shall be punished:

(a) If the crime results in substantial bodily harm to the child, by imprisonment in the state prison for life without the possibility of parole.

(b) Except as otherwise provided in paragraph (c), if the crime does not result in substantial bodily harm to the child, by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 20 years has been served.

(c) If the crime is committed against a child under the age of 14 years and does not result in substantial bodily harm to the child, by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 20 years has been served.

4. A person who commits a sexual assault against a child under the age of 16 years and who has been previously convicted of:

(a) A sexual assault pursuant to this section or any other sexual offense against a child; or

(b) An offense committed in another jurisdiction that, if committed in this State, would constitute a sexual assault pursuant to this section or any other sexual offense against a child,

Ê is guilty of a category A felony and shall be punished by imprisonment in the state prison for life without the possibility of parole.

5. For the purpose of this section, “other sexual offense against a child” means any act committed by an adult upon a child constituting:

(a) Incest pursuant to NRS 201.180;

(b) Lewdness with a child pursuant to NRS 201.230;

(c) Sado-masochistic abuse pursuant to NRS 201.262; or

(d) Luring a child using a computer, system or network pursuant to NRS 201.560, if punished as a felony.

Other sex crimes include:

(b) “Sexual offense” means:

(1) Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030 .

(2) Sexual assault pursuant to NRS 200.366 .

(3) Statutory sexual seduction pursuant to NRS 200.368 , if punishable as a felony.

(4) Battery with intent to commit sexual assault pursuant to NRS 200.400 .

(5) An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405 , if the felony is an offense listed in this paragraph.

(6) An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence pursuant to NRS 200.408 , if the crime of violence is an offense listed in this paragraph.

(7) Abuse of a child pursuant to NRS 200.508 , if the abuse involved sexual abuse or sexual exploitation.

(8) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730 , inclusive.

(9) Incest pursuant to NRS 201.180 .

(10) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195 .

(11) Open or gross lewdness pursuant to NRS 201.210 , if punishable as a felony.

(12) Indecent or obscene exposure pursuant to NRS 201.220 , if punishable as a felony.

(13) Lewdness with a child pursuant to NRS 201.230 .

(14) Sexual penetration of a dead human body pursuant to NRS 201.450 .

(15) Luring a child or mentally ill person pursuant to NRS 201.560 , if punishable as a felony.

(16) An attempt to commit an offense listed in subparagraphs (1) to (15), inclusive.

The word "rape" incidentally, is only mentioned TWICE in the entire Nevada Revised Statutes comprised of several HUNDRED chapters of laws. And, by the way, it's going to vary greatly from state to state.

(Disclaimer: no attorney-client relationship is formed by the use of this information. Nothing in this posting should be construed as legal advice between an attorney and client. These materials are for your personal information.)



In many states, the only difference is that when it's with a child it's an "aggrevated" crime and caries additional penalties.
Rape is actual penetration. Molestation is when someone is fondled but there is no actual sexual act.
rape is unconsentual penis to vagina contact however slight. Molestation is touching. Here is a link to California Law.
Rape? Home base
Molest? 1st 2nd and 3rd...


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