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 North Dakota, the criminal offense of engaging in lewd acts with a minor is addressed under the state's penal code, specifically Chapter 12.1-20 of the North Dakota Century Code, which deals with sexual offenses. The law in North Dakota defines various sexual offenses that involve minors, including Gross Sexual Imposition (Section 12.1-20-03), which can involve sexual acts with minors under the age of 15, and Sexual Imposition (Section 12.1-20-04), which can involve sexual acts with minors under the age of 18 when certain circumstances are met, such as the use of force or the offender being in a position of authority. The statutes cover acts where there is any sexual contact with or by a minor, whether through clothing or on bare skin, for sexual gratification. Additionally, North Dakota law criminalizes the act of luring minors by computer (Section 12.1-20-05.1), which addresses the use of electronic means to engage in sexual acts or conduct with minors. The penalties for these offenses vary based on the specific circumstances and the age of the minor involved, with more severe penalties for offenses involving younger children or the use of force.