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 Michigan, the criminal offense of lewd or lascivious acts with a minor is addressed under the state's penal code, specifically in the statutes concerning criminal sexual conduct. Michigan law defines various degrees of criminal sexual conduct, and acts involving minors typically fall under the second or third degree, depending on the circumstances. For instance, under Michigan law, any sexual act with a person under the age of 13 is considered first-degree criminal sexual conduct, which is a felony and carries severe penalties. If the child is between 13 and 16 years old, and the offender is in a position of authority or is a family member, it may also constitute criminal sexual conduct in the second or third degree. The law covers a range of behaviors, including touching a child's body for sexual purposes, whether over clothing or on bare skin, and can extend to coercing a child to witness sexual acts. Michigan law also addresses the use of the internet for committing such offenses, with specific statutes targeting the use of a computer to commit a crime, including those involving sexual conduct with a minor.