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 Delaware, the criminal offense of lewd acts with a minor is addressed under the state's sexual offense laws. Specifically, Delaware law criminalizes 'Unlawful Sexual Contact' with a minor under Title 11, Section 768 of the Delaware Code. This statute makes it illegal for any person to intentionally have sexual contact with another person who is less than 16 years old, or cause such a person to have sexual contact with them, when the offender is at least 30 months older than the minor. Sexual contact is defined broadly and can include touching on bare skin or through clothing for sexual gratification. Additionally, Delaware law under Title 11, Section 1108, prohibits 'Sexual Solicitation of a Child,' which includes soliciting a child under 18 to engage in a sexual act, or causing a child to engage in sexually explicit conduct for the purpose of producing a visual depiction. The state may also prosecute individuals who engage in such conduct online. Penalties for these offenses vary based on the specific circumstances and can include significant prison time and registration as a sex offender.