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 Hawaii, the criminal offense of lewd acts with a minor is addressed under Hawaii Revised Statutes Section 707-732, which defines the crime of Sexual Assault in the Third Degree. This statute includes engaging in sexual contact with a person who is less than fourteen years old as a class C felony. 'Sexual contact' is defined as any touching of the sexual or other intimate parts of a person not married to the actor, done for the purpose of gratifying sexual desire of either party. The law does not require that the touching occur on bare skin or through clothing specifically, but it does require that the touching be for sexual reasons. Additionally, Hawaii law under Section 707-733 defines Sexual Assault in the Fourth Degree, which includes acts that may be considered lewd or lascivious, such as causing a person to have sexual contact with the actor or another, or knowingly exposing oneself to another person under circumstances in which the actor's conduct is likely to cause affront. Hawaii's statutes also cover offenses related to electronic enticement of a child under Section 707-756, which can include using a computer or other electronic device to commit or attempt to commit any of the prohibited acts with a minor.