The criminal offense of lewd acts with a minor, or lewd and lascivious acts with a minor, is generally committed when (1) the offender touches the child’s body or gets the child to touch the child’s body, the offender’s body, or someone else; (2) the touching occurs on bare skin or through clothing; (3) the touching was for sexual reasons; and (4) the child was under 14 years of age.
Laws regarding lewd acts with a minor vary from state to state, including the required age of the child and the required elements of the criminal offense. And some states classify the criminal offense of lewd acts with minor as the criminal offense of indecency with a minor, or lewd or indecent proposals or acts to a child, or a similar offense.
Some states have expanded the definition of these laws to include looking at the body or private parts of a child in a sexual manner, or causing or forcing a child to witness sex acts in the presence of the child. These states prosecute persons who engage in such activity in online video chat rooms for this criminal offense.
The criminal offense of lewd acts with a minor (or similar offense) is generally located in a state’s statutes—often in the penal or criminal code.
In Alaska, the criminal offense of lewd acts with a minor is addressed under the statutes pertaining to sexual abuse of a minor. Alaska Statutes Section 11.41.434 - 11.41.440 define various degrees of sexual abuse of a minor, with the severity of the offense depending on factors such as the age of the child and the nature of the act. Generally, for an act to be considered a lewd act with a minor, it must involve knowing engagement in sexual contact with a minor or causing a minor to engage in sexual contact, where 'sexual contact' includes touching of the genitals, anus, or female breast, either directly or through clothing, for the purpose of sexual gratification of either party. The age of the child is a critical factor, with stricter penalties for offenses involving younger children. Alaska law also criminalizes the exploitation of a minor, which can include causing or permitting a minor to engage in explicit conduct for the purpose of producing visual depictions of such conduct. This would cover situations where an offender engages in lewd acts with a minor over an online video chat room. The specific statutes provide detailed definitions and sentencing guidelines for offenses involving lewd acts with minors.