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 Jersey, the criminal offense of lewd acts with a minor is addressed under the state's sexual assault laws, particularly in the statutes concerning sexual assault and criminal sexual contact. New Jersey law defines sexual assault as an act of sexual penetration with another person under certain circumstances, including when the victim is less than 13 years old, and the offender is at least four years older than the victim. Criminal sexual contact involves intentional touching of the victim's intimate parts or the clothing covering those parts, either directly or through clothing, when the victim is a minor and the act is committed for the purpose of degrading or humiliating the victim or sexually arousing or gratifying the offender. The age of the minor and the age difference between the offender and the minor are critical factors in determining the severity of the offense. New Jersey law also addresses the crime of endangering the welfare of children, which can include causing or permitting a child to engage in a prohibited sexual act or being responsible for the care of a child and engaging in sexual conduct that would impair or debauch the morals of the child. The state prosecutes these offenses vigorously, and they carry severe penalties, including registration as a sex offender under Megan's Law. Additionally, New Jersey law criminalizes the luring or enticing of a child, which can encompass online activities aimed at engaging a minor in sexual conduct.