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 Idaho, the criminal offense of lewd conduct with a minor under sixteen is codified under Idaho Code § 18-1508. This statute makes it a felony for any person to commit any lewd or lascivious act upon or with the body of a child under the age of sixteen, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or of the child. This includes any touching of the genitals, anus, or female breast of the child, whether such parts are clothed or unclothed, or any other act committed for the purpose of sexual gratification. The law does not require that the touching occur on bare skin. Additionally, Idaho law under § 18-1508A addresses sexual battery of a minor child sixteen or seventeen years of age, which is also a felony. Idaho's approach to these offenses is consistent with the broader trend of states criminalizing such conduct, with the specific elements and definitions varying by jurisdiction.