A recent court ruling in Arizona by the Supreme Court means that parents and caregivers could be charged with a class two or three felony for changing a baby’s nappy.
The decision to criminalise any contact between an adult and a child’s genitals comes after a man, who was convicted of sexually molesting his step-daughter, appealed his conviction.
The court looked at the language used in sexual abuse laws and defined any contact with a minor’s genitals as sexual abuse – even without any proof of sexual intent, according to the Independent.
The 20-page ruling suggests: "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."
And legal analyst Monica Lindstom said the wording means that an adult who changes a nappy could potentially be charged with a felony.
“The statue says intentionally or knowingly having sexual contact,” she told Fox10 News
“Sexual contact is just the direct or indirect touching of the genitals. That is where the changing of the diaper could come into play.”
And while the ruling states parents, physicians “and the like” are unlikely to be charged if they demonstrate an affirmative defense, dissenting justices believe they could potentially be charged.
“Parents and other caregivers who have changed an infant’s soiled diaper or bathed a toddler will be surprised to learn that they have committed a class two or three felony.”
