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 Massachusetts, the criminal offense of lewd acts with a minor is addressed under the state's penal code as 'indecent assault and battery on a child under 14' (Massachusetts General Laws Chapter 265, Section 13B). This law makes it a crime for any person to engage in indecent assault and battery on a child under the age of 14. The elements of this offense include intentional and indecent touching of the child, or causing the child to touch themselves or someone else, for sexual gratification. The touching can occur either on bare skin or through clothing. Massachusetts law also criminalizes the act of engaging in a sexual or lascivious act with a child under the age of 16, which is covered under 'enticement of a child under 16' (Massachusetts General Laws Chapter 265, Section 26C). Additionally, the state prosecutes individuals who expose minors to sexual acts or involve them in the production of pornography under various statutes, including 'posing or exhibiting a child in a state of nudity' (Massachusetts General Laws Chapter 272, Section 29A) and 'dissemination of matter harmful to minors' (Massachusetts General Laws Chapter 272, Section 28). These laws reflect the state's commitment to protecting minors from sexual exploitation and abuse.