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 Minnesota, the criminal offense of lewd acts with a minor is addressed under statutes concerning criminal sexual conduct. Minnesota law defines various degrees of criminal sexual conduct, and acts that would be considered lewd or lascivious with a minor typically fall under these statutes. Specifically, Minnesota Statutes Section 609.342 to 609.3451 detail offenses that involve sexual contact with minors, including touching a child's body for sexual purposes, whether over clothing or on bare skin. The age of the child is a critical factor in determining the degree of the offense, with more severe penalties for acts involving younger children. For example, engaging in sexual conduct with a person under 13 years of age when the actor is more than 36 months older than the child is considered first-degree criminal sexual conduct. Minnesota law also criminalizes the use of minors in sexual performances and the possession of child pornography. Additionally, the state prosecutes individuals who engage in inappropriate sexual conduct with minors online, reflecting an expanded definition of these laws to address digital and internet-based offenses.