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 Kentucky, the criminal offense of engaging in lewd or lascivious acts with a minor is addressed under the state's sexual offense statutes. Specifically, Kentucky law defines sexual abuse in the first degree, which includes subjecting a person who is less than 12 years of age to sexual contact, or engaging in sexual contact with a person who is less than 16 years of age when the offender is in a position of authority or special trust. Sexual contact is defined to include any touching of the sexual or other intimate parts of a person for the purpose of gratifying sexual desire of either party. This can occur whether the touching is on bare skin or through clothing. Kentucky law also criminalizes the use of electronic communication systems to induce a minor to engage in sexual or other prohibited activities, which can encompass certain online behaviors. The relevant statutes can be found in the Kentucky Revised Statutes (KRS), particularly in chapters dealing with sexual offenses. It is important for individuals to consult with an attorney for specific legal advice and to understand the full scope of legal implications related to such offenses in Kentucky.