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 New Hampshire, the criminal offense of lewd acts with a minor is addressed under the state's sexual assault and related offenses statutes. Specifically, NH Rev Stat § 632-A:3 (2022) defines Felonious Sexual Assault, which includes engaging in sexual contact with a person under the age of 16 when the offender is at least 4 years older than the victim. Sexual contact is defined to include the intentional touching of the victim's sexual or intimate parts, whether through clothing or not, for the purpose of sexual arousal or gratification. Additionally, NH Rev Stat § 632-A:4 (2022) covers the offense of Certain Uses of Computer Services Prohibited, which targets the use of a computer online service, Internet service, or local bulletin board service to seduce, solicit, lure, or entice a child or another person believed by the person to be a child, to commit an act of sexual penetration or sexual contact. New Hampshire law also criminalizes the act of indecent exposure and lewdness under NH Rev Stat § 645:1 (2022), which can include exposing one's genitals under circumstances that are likely to cause affront or alarm, or for the purpose of sexual arousal or gratification. The state takes these offenses seriously, and they can result in significant criminal penalties, including imprisonment and registration as a sex offender.