SOUTH DAKOTA BASIC LAW ENFORCEMENT

OFFICER CERTIFICATION COURSE

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TRAINEE GUIDE

TOPIC: CHILD ABUSE INVESTIGATION HOURS: 4

Curriculum: 32-02
JTA Correlation: v149 v153
Phase: Investigative
Core Competencies: Local Procedure, Policies & Laws; Legal Authority;
and Communication

DESIRED OUTCOME FOR THIS CLASS

Provide trainees with the knowledge and skill to conduct preliminary child abuse
investigations..

TRAINING OBJECTIVES: Given a written examination

1. Explain how to recognize and investigate the types of child abuse, to
include interviewing the child abuse victim.

2. Discuss the South Dakota Statutes (law) governing child abuse.

CRITERIA: The trainee shall be tested on the following:

1. The definition of child abuse.
2. The four types of child abuse.
3. The three indicators of child abuse.
a. Physical
b. Behavioral
c. Environmental
4. Personal characteristics of abusive parents.
5. The definition of child neglect.
6. Physical, behavioral and environmental indicators of neglect.
7. Indicators of neglectful parents.
8. Emotional maltreatment and the behavioral and environmental indicators
of emotional maltreatment.
10. Sexual abuse and the physical, behavioral, and environmental indicators
of sexual abuse.
11, South Dakota Statutes governing child abuse.
12. Challenges to child abuse investigations.
13. The TEAM approach to child abuse investigations.
14. Interviewing child abuse victims.
a. The process
b. Techniques
c. General family and child-related questions.

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d. General touch and abuse questions.
e. Specific physical and sexual abuse questions.
15. The child molester or pedophile.

EVALUATION:

The training objectives for this topic will be tested via an end of phase written
examination. The minimum passing score for the examination is 70%

SOUTH DAKOTA BASIC LAW ENFORCEMENT
OFFICER CERTIFICATION COURSE



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LESSON PLAN

I. Child Abuse is - The mistreatment, neglect, or sexual molestation of a
child by a parent, guardian, any adult or juvenile that results in injury or
harm to that child.

A. How to recognize abuse

1. Four types of abuse

a. Physical abuse

b. Neglect

c. Emotional maltreatment (Verbal)

d. Sexual abuse

B. Types of child abuse

1. Physical Shaking, hitting, slapping, burning or failure to
provide the necessities of life, i.e. food, shelter, clothing, etc.

2. Neglect Failure to provide the necessary items to sustain
life.

3. Emotional The failure to provide warmth, attention,
supervision, or the normal living experience children need.
Verbal Excessive yelling, belittling, teasing, tormenting,
and degrading.

4. Sexual Physical sexual contact between family and non-
family members that serves to gratify the sexual needs and
desires of the perpetrator.

*Abuse Is What a Parent Does
Neglect Is What a Parent Fails to Do.

C. Three indicators of child abuse

1. Physical indicators (bruises, burns, malnutrition)

2. Behavior indicators (violence, withdrawn)

3. Environmental/Circumstantial indicators (social, cultural, or
family factors)

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II. Signs of Physical Abuse

*Slap marks
*Gagging marks
*Bite marks
*Cord, belt, and rope marks
*Burns wet and dry
*Chest injuries
*Abdominal tenderness
*Raccooning
*Covered arms and legs
*Absence for long periods of time

A. Soft tissue injuries

1. Most common form of child abuse injury.

2. May be an investigators only physical evidence.

3. May contradict the alibi of the suspect.

4. Usually is manifested by bruises, welts, lacerations, and
abrasions.

B. Bruises

1. If a bruise is

a. Red and swollen. 6 - 12 hours

b. Bluish..... 1-3 days old

c. Green tint 4-6 days old

d. Yellow and light brown.7-10 days old

e. Light to dark brown.10 days or older

*These are general guidelines only!

C. How children get hurt

1. Children usually get hurt in the areas considered to be leading
edges.

a. Shins


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b. Forearms

c. Head

D. Where children shouldnt get hurt

1. Children get hurt much less often in their protected areas.

2. Stomach

3. Back

4. Butt

E. Accident or abuse?

1. Accidents generally result in injuries that are usually
singular in nature

2. If the injuries are on multiple planes and are repeated, the
cause might not be accidental.

F. Common indicators of possible physical abuse

1. Repeated injury

2. Neglected appearance

3. Disruptive behavior

4. Passive and withdrawn

5. Isolation

6. Difficulty Walking

G. Physical indicators of abuse

1. Bruises

a. Occurring on the posterior side of the body

b. Occurring in unusual patterns

c. Occurring in clusters

d. In various stages of healing


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e. Resembling human hand marks (slap or grab)

f. In protected areas (under arms etc.)

2. Bite marks

a. Human bite

b. Dog bite

3. Look for

a. Unusual patterns

b. Loop marks caused by whipping with an extension
cord

c. Circular bruising caused by restraints

d. Oral Injuries

e. Child shows injury from being force fed

H. Burns

1. Immersion burns, such as stocking burns or doughnut
shaped burns on the buttocks

2. Cigarette type burns

a. Look for circular, cratered burn marks. Insect bites
will not be cratered.

3. Rope burns (from being restrained)

4. Dry burns (stove, flames, irons, etc.)

a. Pattern Burns

b. This Bullous blister was formed after the childs hand
was held over an open flame for punishment.

5. Glove burn

6. Stocking burn

7. Mechanism of forced immersion


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8. Doughnut-shaped immersion burn

I. Behavior indicators of physical abuse at an early age

1. Unusually neat in eating habits

2. Overly compliant to avoid confrontation

3. Lacking curiosity

4. Fearful of physical contact

5. Enjoys little or nothing

6. Lacking in development due to efforts all being directed to
self-protection

J. Behavior indicators of less severely abused at an older age

1. Timid, easily frightened

2. Craves attention

3. Continues to confirm love for abusive parents

4. Exhibits sporadic temper tantrums

5. Shows indiscriminate attachment to strangers

6. Environmental indicators of physical abuse

7. Family crisis caused by unemployment, death, desertion, ill
health

8. Severe personal problems such as drug abuse, alcoholism,
or mental illness

9. Geographic and/or social isolation of the family

10. Parental characteristics stemming from their own abusive
childhood

K. Personal characteristics of abusive parents

1. Poor self-concept

2. Passive marital relationship or marital difficulty


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3. Fear of authority

4. Lack of skills to meet their own needs

5. Belief in necessity for harsh physical discipline

6. Undue fear of spoiling their child

7. Rigidity or compulsiveness

8. Hostility and aggressiveness

9. Acceptance of violence as means of communication

10. Poor emotional control

11. Emotional dependency on non-abusive spouse

III. Child Neglect - Neglect is essentially inadequate or dangerous child-
rearing practices. It may not produce visible signs, and it usually occurs
over a period of time.

A. Physical indicators of neglect

1. Lack of adequate supervision

2. Lack of adequate clothing for the weather

3. Lack of good hygiene

4. Lack of dental or medical care

5. Abandonment

6. Lack of nutrition

7. Lack of a safe, warm and sanitary shelter

8. Severe cradle cap

9. Severe diaper rash

B. Behavioral indicators of neglect

1. Failure to thrive among infants

2. Falling asleep in school


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3. Poor learning

4. Poor school attendance or chronic lateness

5. Chronically hungry or tiredness

6. Begging, collecting leftovers, or stealing other childrens
lunches

7. Coming to school early and staying late

8. Dull, apathetic appearance

9. Squinting

10. Use of drugs or alcohol

11. Engaging in vandalism

12. Engaging in sexual misconduct

C. Environmental indicators of neglected children

1. A large family with marital disruption

2. Poverty

3. Long-term parental illness

4. Indifferent parental attitude

5. Lack of material resources

D. Indicators of neglectful parents

1. Apathetic

2. Craving for excitement, change

3. Desire to be rid of the demands of the child

4. Lack of interest in childs activities

5. Low acceptance of childs dependency needs

IV. Emotional Maltreatment - Emotional maltreatment or mental injury is
usually related to a group of interactions and is cumulative. Like physical
and emotional abuse it can be mild, infrequent, or isolated acts.

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A. Behavioral indicators of emotional maltreatment

1. Hyperactivity or withdrawal

2. Overeating

3. Fire-setting

4. Nervous skin disorders

5. Autism or failure to thrive

6. Suicide attempts

7. Truancy or other discipline problems

8. Delinquency, aggressiveness

9. Over-submissiveness

10. Either too adult or too infantile

11. Stuttering

12. Sleep disorders

13. Habit disorders (rocking, sucking fingers)

B. Environmental indicators of emotional maltreatment

1. Continuous friction in the home

2. Mentally ill or immature parents

3. Excessive drinking or drug addiction

4. Criminal involvement

5. Inappropriate discipline

6. Home values in conflict with societys values

7. Frequent marriages or broken homes

8. No recreation provided or permitted

9. Promiscuity

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10. Discriminatory treatment among children in the family

C. Audio tape of emotional maltreatment

V. Sexual Abuse - Sexual abuse is relatively difficult to detect outside the
clinical setting for several reasons. The physical trauma is not visible.
The victim is usually reluctant to reveal the abuse. There is a general lack
of awareness of the prevalence of child sexual abuse and lack of
confidence in detecting it.

A. Physical indicators of sexual abuse

1. Bruises or bleeding from external genitalia, vagina or anal
regions.

2. Swollen or red cervix, vulva, or perineum

3. Presence of semen, pregnancy, positive test for sexually
transmitted diseases

4. Torn, stained, or bloody under clothes

5. Pain or itching in the genital area

6. Hymen stretched at a very young age

7. Bruises to the hard or soft palette

8. Bite marks or grip marks

B. Behavioral indicators of sexual abuse

1. Behavioral indicators are frequently the best or only signs you may
have. The sexually abused child will usually exhibit one or more of
these characteristics or behaviors.

a. Poor peer relationships

b. Regression (may appear mentally retarded)

c. Sexual promiscuity

d. Aggressiveness or delinquency

e. Running away from home

f. Difficulty in walking or sitting

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g. Seductive behavior

h. Reluctance in participating in recreational activities

i. Preoccupation, in young children, with sexual organs of self,
parents, or other children

j. Confiding in friends or teacher

k. Pregnancy

l. Overeating, loss of appetite, or other changes in diet

C. Truthfulness of victim

1. Usually when a child tells you they have been abused, it is
true. If a young girl states that anything has been placed in
her vagina, believe it. She has no frame of reference for this
unless it happened.

D. Environmental indicators of sexual abuse

1. Prolonged absence of one parent

2. Overcrowding in the home

3. Substance use or abuse

4. Social and/or geographical isolation

5. A pattern of incest in the family

6. The abusive parent is extremely protective of the child

E. Common indicators of possible sexual abuse

1. Pain, itch, rash in the genital area

2. Frequent urination

3. STDs

4. Unexplained or poorly explained injury

5. Inappropriate sexual behavior

6. Torn, stained, or bloody clothing

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VI. South Dakota Law Reference Child Abuse

SDCL 26-10-28 defines a child.
SDCL 26-10-29 defines Childhood sexual abuse
SDCL 26-8A-2 defines Abused or Neglected child
SDCL 22-22-1 Raped defined


SDCL 22-22-7 Degrees of Sexual contact
SDCL 22-22-7.1 Sexual contacted defined
SDCL 26-9-1 Contributing to abuse or neglect
SDCL 26-10-26 Date of Discovery
SDCL 26-8A Mandatory reporting
SDCL 26-7A-12Gives Law Enforcement the Authority to remove a child
without a court order

26-7A-12. Temporary custody by law enforcement officer or court services
officer without court order. A child may be taken into temporary custody by a law
enforcement officer without order of the court:

(1) If the child is subject to arrest under the provisions of 23A-3-2
and 23A-3-4;
(2) If the child is abandoned or seriously endangered in the child's
surroundings or is seriously endangering others and immediate
removal of the child appears to be necessary for the child's
protection or for the protection of others;
(3) If there are reasonable grounds to believe the child has run away
or escaped from the child's parents, guardian, or custodian;
(4) If the officer reasonably believes that temporary custody is
warranted because there exists an imminent danger to the child's
life or safety and there is no time to apply for a court order and the
child's parents, guardian, or custodian refuse an oral request for
consent to the child's removal from their custody or the child's
parents, guardian, or custodian are unavailable; or
(5) If the child is under the influence of alcohol, inhalants, or a
controlled drug or substance.

A court services officer may take the child into temporary custody without order
of the court if the child is under the continuing jurisdiction of the court.

26-4-9. Enforcement of laws for protection of children. The department of
social services shall assist in the enforcement of all laws relating to the welfare of
children, including child labor laws, laws relating to cruelty, contributory
delinquency and dependency, nonsupport, desertion, sex offenses against
children, compulsory education, and all other laws designed to protect and assist
the child and shall take the initiative in securing the enforcement of laws for the

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protection of children where no adequate provision is made for such
enforcement.

26-6-22. Notice to remove child from child welfare agency. If at any time the
department of social services finds that a child in a child welfare agency is
subject to undesirable influences or lacks proper and wise care and
management, it shall notify the child welfare agency who has placed the child in
the agency to remove him from the agency.

26-8A-2. Abused or neglected child defined. In this chapter and chapter 26-7A,
the term, abused or neglected child, means a child:
(1) Whose parent, guardian, or custodian, has abandoned the child or
has subjected the child to mistreatment or abuse;
(2) Who lacks proper parental care through the actions or omissions of
the child's parent, guardian, or custodian;
(3) Whose environment is injurious to the child's welfare;
(4) Whose parent, guardian, or custodian fails or refuses to provide
proper or necessary subsistence, supervision, education, medical
care, or any other care necessary for the child's health, guidance,
or well-being;
(5) Who is homeless, without proper care, or not domiciled with the
child's parent, guardian, or custodian through no fault of the child's
parent, guardian, or custodian;
(6) Who is threatened with substantial harm;
(7) Who has sustained emotional harm or mental injury as indicated by
an injury to the child's intellectual or psychological capacity
evidenced by an observable and substantial impairment in the
child's ability to function within the child's normal range of
performance and behavior, with due regard to the child's culture;
(8) Who is subject to sexual abuse, sexual molestation, or sexual
exploitation by the child's parent, guardian, custodian, or any other
person responsible for the child's care; or
(9) Who was subject to prenatal exposure to abusive use of alcohol or
any controlled drug or substance not lawfully prescribed by a
practitioner as authorized by chapters 22-42 and 34-20B; or
(10) Whose parent, guardian, or custodian knowingly exposes the child
to an environment that is being used for the manufacture, use, or
distribution of methamphetamines or any other unlawfully
manufactured controlled drug or substance

26-10-1. Abuse of or cruelty to minor as felony. Defense to charge. Any
person, who abuses, exposes, tortures, torments, or cruelly punishes a minor in
a manner which does not constitute aggravated assault, is guilty of a Class 4
felony. If the victim is less than seven years of age, the person is guilty of a
Class 3 felony. The use of reasonable force, as provided in 22-18-5, is a
defense to an offense under this section. If any person convicted of this offense
is the minor's parent, guardian, or custodian, the court shall include as part of the
sentence, or conditions required as part of suspended execution or imposition of

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such sentence, that the person receive instruction on parenting approved or
provided by the Department of Social Services.

26-8A-3. Persons required to report child abuse or neglected child -- Intentional
failure as misdemeanor. Any physician, dentist, doctor of osteopathy,
chiropractor, optometrist, mental health professional or counselor, podiatrist,
psychologist, religious healing practitioner, social worker, hospital intern or
resident, parole or court services officer, law enforcement officer, teacher, school
counselor, school official, nurse, licensed or registered child welfare provider,
employee or volunteer of a domestic abuse shelter, chemical dependency
counselor, coroner, or any safety-sensitive position as defined in subdivision
23-3-64(2), who have reasonable cause to suspect that a child under the age
of eighteen has been abused or neglected as defined in 26-8A-2 shall report
that information in accordance with 26-8A-6, 26-8A-7, and 26-8A-8. Any
person who intentionally fails to make the required report is guilty of a Class 1
misdemeanor. Any person who knows or has reason to suspect that a child has
been abused or neglected as defined in 26-8A-2 may report that information as
provided in 26-8A-8.

26-8A-4. Additional persons to report death resulting from abuse or neglect --
Intentional failure as misdemeanor. In addition to the report required under
26-8A-3, any person who has reasonable cause to suspect that a child has
died as a result of child abuse or neglect as defined in 26-8A-2 shall report that
information to the medical examiner or coroner. Upon receipt of the report, the
medical examiner or coroner shall cause an investigation to be made and submit
written findings to the state's attorney and the department of social services.
Any person required to report under this section who knowingly and intentionally
fails to make a report is guilty of a Class 1 misdemeanor.

26-8A-5. Application of terms. As used in 26-8A-3 and 26-8A-7, the terms
"teacher," "school counselor," "school official," "school administrator," "school
principal," and "school superintendent" apply to any person substantially
performing the respective duties of any such position in a public or private
school, whether accredited or unaccredited, and to any person providing
instruction pursuant to 13-27-3.

26-8A-7. Child abuse or neglect reports by school personnel -- Failure as
misdemeanor -- Written policy required. Any person who has contact with a child
through the performance of services in any public or private school, whether
accredited or unaccredited, as a teacher, school nurse, school counselor, school
official or administrator, or any person providing services pursuant to 13-27-3
shall notify the school principal or school superintendent or designee of
suspected abuse or neglect. The school principal or superintendent shall report
the information in accordance with the provisions of 26-8A-8. Any person who
knowingly and intentionally fails to make a required report is guilty of a Class 1
misdemeanor. Each school district shall have a written policy on reporting of
child abuse and neglect.


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26-8A-8. Oral report of abuse or neglect -- To whom made -- Response report.
The reports required by 26-8A-3, 26-8A-6 and 26-8A-7 and by other sections
of this chapter shall be made orally and immediately by telephone or otherwise to
the state's attorney of the county in which the child resides or is present, to the
department of social services or to law enforcement officers. The state's
attorney or law enforcement officers, upon receiving a report, shall immediately
notify the department of social services. Any person receiving a report of
suspected child abuse or child neglect shall keep the report confidential as
provided in 26-8A-13, except as otherwise provided in chapter 26-7A or this
chapter. The person receiving a report alleging child abuse or neglect shall ask
whether or not the reporting party desires a response report. If requested by the
reporting person, the department of social services or the concerned law
enforcement officer shall issue within thirty days, a written acknowledgement of
receipt of the report and a response stating whether or not the report will be
investigated.

26-8A-9. Investigation of oral report -- Other action permitted -- Appointment of
attorney -- Compensation. Upon receipt of a report pursuant to 26-8A-8, the
department of social services or law enforcement officers shall investigate.
Investigating personnel may personally interview a child out of the presence of
the child's parents, guardian or custodian without advance notice or consent.
The investigation does not prohibit any other lawful action. If the investigation
and report indicate that child abuse or neglect has occurred, the state's attorney
shall take appropriate action immediately. The court may appoint an attorney,
guardian ad item or special advocate to assist in representing the best interests
of the child. Compensation and expense allowances for the child's attorney,
guardian ad item or special advocate shall be determined and paid according to
26-7A-31.

26-8A-10. Report to social services -- Content. A report made pursuant to
26-8A-8 to the department of social services shall include the name, address,
date and place of birth of the child, the name and address of the child's parents,
guardian, custodian or responsible persons, the date of the report, and the
suspected or proven instances of child abuse or neglect as defined in 26-8A-2.
The department of social services shall be the central registry for such
information.

26-8A-13. Confidentiality of abuse or neglect information -- Violation as
misdemeanor -- Release to certain parties. All investigative case records and
files relating to reports of child abuse or neglect are confidential, and no
disclosure of any such records, files, or other information may be made except
as authorized in chapter 26-7A or this chapter. Any person who knowingly
violates the confidential nature of the records, files, or information is guilty of a
Class 1 misdemeanor. The Department of Social Services may release records,
files, or other information to the following parties upon the receipt by the
department of a request showing that it is necessary for the parties to have such

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information in the performance of official functions relating to child abuse or
neglect:
(1) The attorney general, the state's attorneys, law enforcement
agencies, protective services workers, and judges of the courts
investigating reports of known or suspected child abuse or neglect;
(2) The attorney or guardian ad litem of the child who is the subject of
the information;
(3) Public officials or their authorized representatives who require the
information in connection with the discharge of official duties;
(4) Institutions and agencies that have legal responsibility or
authorization to care for, treat, or supervise a child who is the
subject of the information or report;
(5) An adoptive parent of the child who is the subject of the information
or report and a licensed child welfare agency, a tribal agency which
the Department of Social Services has an agreement with to
provide child welfare agency services which would otherwise
require licensure by the department or any private child welfare
agency whose licensure has been waived pursuant to 26-6-9, for
screening of applicants;
(6) A state, regional, or national registry of child abuse and neglect
cases and courts of record of other states;
(7) A validly appointed and registered child protection team under
26-8A-17;
(8) A physician who is caring for a child whom the physician
reasonably suspects may be abused or neglected;
(9) State hearing examiners and any person who is the subject of the
report for purposes directly related to review under 26-8A-11; and
(10) A person eligible to submit an adoptive home study report under
25-6-9.1 or 26-4-15. However, the information may only be
released for the purpose of screening applicants. Information
received by an authorized receiving party shall be held confidential
by the receiving party. However, the court may order the release of
the information or any portion of it necessary for determination of
an issue before the court.

26-8A-14. Immunity from liability. Any person or party participating in good faith
in the making of a report or the submitting of copies of medical examination,
treatment, or hospitalization records pursuant to 26-8A-3 to 26-8A-8,
inclusive, or pursuant to any other provisions of this chapter, is immune from any
liability, civil, or criminal, that might otherwise be incurred or imposed, and has
the same immunity for participation in any judicial proceeding resulting from the
report. Immunity also extends in the same manner to persons requesting the
taking of photographs and X rays pursuant to 26-8A-16, to persons taking the
photographs and X rays, to child protection teams established by the secretary of
social services, to public officials or employees involved in the investigation and
treatment of child abuse or neglect or making a temporary placement of the child
pursuant to this chapter, or to any person who in good faith cooperates with a
child protection team or the Department of Social Services in investigation,

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placement, or a treatment plan. The provisions of this section or any other
section granting or allowing the grant of immunity do not extend to any person
alleged to have committed an act or acts of child abuse or neglect.

19-16-38. Statement of sex crime, physical abuse, or neglect by victim under
age ten or developmentally disabled. A statement made by a child under the
age of ten, or by a child ten years of age or older who is developmentally
disabled as defined in 27B-1-3, describing any act of sexual contact or rape
performed with or on the child by another, or describing any act of physical
abuse or neglect of the child by another, or any act of physical abuse or neglect
of another child observed by the child making the statement, not otherwise
admissible by statute or court rule, is admissible in evidence in criminal
proceedings against the defendant or in any proceeding under chapters 26-7A,
26-8A, 26-8B, and 26-8C in the courts of this state if:
(1) The court finds, in a hearing conducted outside the presence of the
jury, that the time, content, and circumstances of the statement
provide sufficient indicia of reliability; and
(2) The child either:
a) Testifies at the proceedings; or
b) Is unavailable as a witness.
However, if the child is unavailable as a witness, such statement may be
admitted only if there is corroborative evidence of the act. No statement may be
admitted under this section unless the proponent of the statement makes known
his intention to offer the statement and the particulars of it, including the name
and address of the declarant to the adverse party sufficiently in advance of the
trial or hearing to provide the adverse party with a fair opportunity to prepare to
meet the statement.

22-22-7. Sexual contact with child under sixteen -- Felony or misdemeanor.
Any person, sixteen years of age or older, who knowingly engages in sexual
contact with another person, other than that person's spouse if the other person
is under the age of sixteen years is guilty of a Class 3 felony. If the actor is less
than three years older than the other person, the actor is guilty of a Class 1
misdemeanor. If an adult has a previous conviction for a felony violation of this
section, any subsequent felony conviction for a violation under this section, is a
Class 2 felony. Notwithstanding 23A-42-2, a charge brought pursuant to this
section may be commenced at any time before the victim becomes age twenty-
five or within seven years of the commission of the crime, whichever is longer.

22-22-7.1. Sexual contact defined -- Exception when within the scope of
medical practice. As used in this chapter, the term, sexual contact, means any
touching, not amounting to rape, of the breasts of a female or the genitalia or
anus of any person with the intent to arouse or gratify the sexual desire of either
party. Practitioners of the healing arts lawfully practicing within the scope of their
practice, which determination shall be conclusive as against the state and shall
be made by the court prior to trial, are not included within the provisions of this
section. In any pretrial proceeding under this section, the prosecution has the
burden of establishing probable cause.

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22-22-7.2. Sexual contact with person incapable of consenting -- Felony. Any
person, fifteen years of age or older, who knowingly engages in sexual contact
with another person, other than his spouse if the other person is sixteen years of
age or older and the other person is incapable, because of physical or mental
incapacity, of consenting to sexual contact, is guilty of a Class 4 felony.

22-22-7.3. Sexual contact with child under sixteen years of age -- Violation as
misdemeanor. Any person, younger than sixteen years of age, who knowingly
engages in sexual contact with another person, other than his spouse, when
such other person is younger than sixteen years of age, is guilty of a Class 1
misdemeanor.

22-22-24. Sale of child pornography as felony. Any person who sells, or
displays for sale, any book, magazine, pamphlet, slide, photograph, film, or
electronic or digital media image depicting a minor engaging in a prohibited
sexual act, or engaging in an activity that involves nudity, or in the simulation of
any such act is guilty of a Class 6 felony.

22-24A-3. Possessing, manufacturing or distributing child pornography
Felonies--Assessment. A person is guilty of possessing, manufacturing, or
distributing child pornography if the person:
(1) Creates any visual depiction of a minor engaging in a prohibited
sexual act, or in the simulation of such an act;
(2) Causes or knowingly permits the creation of any visual depiction of
a minor engaged in a prohibited sexual act, or in the simulation of
such an act; or
(3) Knowingly possesses, distributes, or otherwise disseminates any
visual depiction of a minor engaging in a prohibited sexual act, or in
the simulation of such an act.

Consent to performing these proscribed acts by a minor or a minor's parent,
guardian, or custodian, or mistake as to the minor's age is not a defense to a
charge of violating this section.

A violation of this section is a Class 4 felony. If a person is convicted of a second
or subsequent violation of this section within fifteen years of the prior conviction,
the violation is a Class 3 felony.

The court shall order an assessment pursuant to 22-22-1.3 of any person
convicted of violating this section.

22-24A-4. "Minor" and "solicit" defined. Terms used in 22-22-24.5 mean:

(1) "Minor," a person fifteen years of age or younger; and
(2) "Solicit," to seduce, lure, entice or persuade, or attempt to seduce,
lure, entice or persuade a specific person by telephone, in person,
by letter, by using a computer or any other electronic means.

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VII. Challenges

A. Children are the perfect victims because:

1. They cannot protect themselves.

2. They are often perceived as lacking credibility.

3. They are usually difficult to interview.

4. They generally disclose well after the fact.

5. The system is not built for children

6. The Criminal Justice System is designed for adults.

7. The allegations occur during marital litigation.

8. Investigations are usually multi-jurisdictional.

9. Police, attorneys, judges, and juries all have a difficult time
dealing with crimes against children.

10. Abusers know our limitations

11. The abuse is usually a 1 on 1 crime.

12. Child abusers dont brag about their crime.

13. The abuse takes place over a long period of time.

14. There is usually no physical evidence or crime scene.

15. The abuser conditions the child to accept their new lifestyle
as normal.

B. The team approach

1. Law enforcement

2. Trained medical personnel

3. Social Services Child Protection Workers

4. Prosecutors


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5. Advocate organization specializing in child interviews
(Corner House, Childs Voice)

C. The investigation

1. Child abuse investigations must be handled with the same
professionalism and expertise that is used in other serious
criminal investigations (and sometimes more)

2. If you are fortunate enough to have a crime scene, secure it,
protect it, and conduct a thorough examination.

3. If you need a search warrantGET ONE!!!

D. As in all criminal investigations

1. Evaluate your scene

2. Take good field notes

3. Do complete and thorough interviews

4. Victims

5. Witnesses

6. Suspects

7. Identify, preserve, collect, seal, secure, and submit all
physical evidence associated with the crime

8. Provide a clear, concise, and complete report at the end of
your investigation

9. Prepare for and provide professional testimony in all court
proceedings

E. Disclosures

1. Most investigations begin when a child discloses abuse.

2. Disclosures happen in 2 ways:

a. Accidental 74%

b. Purposeful 26%



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VIII. The Interview

A. Interviewing children is a difficult and demanding task.

B. Investigations can be strongly enhanced or horribly hindered by the
actions taken by investigators interviewing child victims.

C. The interview process

1. Both accidental and purposeful disclosures will usually follow
a pattern.

2. Initial (and possible unwavering) denial

3. Tentative disclosure (most purposeful disclosure begin here)

4. Active disclosure (96% of child victims will move from
tentative to active disclosure.)

5. The No Maybe Sometimes Yes response

D. The interview process and protocol

1. Rapport Building

2. Anatomy Identification

3. Touch Inquiry

4. Abuse scenario

5. Closure

6. Comfort, communication, competence

7. Anatomical drawings, vocabulary building

8. Explain touching good and bad

9. Determine details of abuse

10. Reassurance and teaching

E. Techniques for interviewing the child

1. Interview the child alone


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2. Obtain an independent account from the parents of the
circumstances of the abuse and the family history

3. Adopt a supportive and neutral attitude

4. Dont rush to focus on the abuse

5. Establish rapport first

6. Dont assume the abuse was traumatic

7. Dont assume the child feels angry or guilty

F. General family and child-related questions

1. What does the child like to do with family members?

2. How does the child get disciplined and by whom?

3. If the child doesnt want to be with a specific family member,
why not?

4. Is the child afraid of anyone in the family?

G. General touch and abuse questions

1. How does the child get touched that she/he likes and by
whom?

2. How does the child get touched that she/he doesnt like and
by whom?

3. How often, with what, and by whom does the child get
spanked?

4. Is the child fearful of physical abuse?

5. Who tickles the child, where and does it stop when child
wants it to?

6. Where does the child sleep and with whom?

7. Who in the family has problem with drinking/drugs?

8. What are the family rules about privacy: bathroom, bedroom
nudity?

H. Specific physical and sexual abuse questions

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1. What is the childs language for private parts of the body?

2. Who showed you where your private parts are?

3. Who has touched the child there? With what? How often?
How old were they when it started?

4. What has the perpetrator asked the child to do? Was there
a secret touch?

I. Specific physical and sexual abuse questions continued

1. How is the child kissed?

2. How does the sexual touching feel?

3. Has perpetrator ejaculated?

4. Has pornography been involved?

5. Has the child been photographed in sexual positions?

6. Has penetration occurred?

J. Specific physical and sexual questions continued

1. Has the child inserted any objects?

2. Has child been asked to be sexual with other kids?

3. Where has this occurred? (i.e., what room?)

4. What does the child want to happen to the perpetrator?

5. How does the child feel about the parents being told?

6. Does the child want the abuse to stop?

K. Other areas to investigate

1. The childs school

2. The childs babysitter or day care provider

3. Other relatives that are close to the family

4. Medical examination

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IX. The Child Molester or Pedophile

A. A Situational Pedophile will molest any child regardless of sex if the
situation and opportunity is there. Molest children of a specific age,
sex, height, race, hair, eye color.

B. A Situational Child Molester is more likely to kill their victim.

C. A Preferential Child Molester will generally spend more time
planning then molesting a child. Before the PCM has finished with
his current victim, he has usually elected another victim.

D. Child Molesters are not amenable to treatment.