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 Oregon, the criminal offense of lewd acts with a minor is addressed under the state's sexual abuse laws. Specifically, Oregon Revised Statutes (ORS) 163.415 to 163.427 cover various sexual offenses involving minors. The crime of Sexual Abuse in the Third Degree, for example, occurs when there is sexual contact with a minor under the age of 18, and the perpetrator is at least three years older than the victim. Sexual contact is defined as touching the sexual or other intimate parts of a person for the purpose of arousing or gratifying the sexual desire of either party. This can occur over clothing and does not require bare skin contact. For more severe offenses, such as when the child is under 14, the perpetrator may be charged with Sexual Abuse in the First Degree under ORS 163.427, which is a Class B felony. Oregon law also addresses the issue of involving a child in sexually explicit conduct for use in visual recordings or live performances under ORS 163.670 and 163.675. These statutes reflect a broader definition that can include causing a child to witness sexual acts or engaging in sexually explicit conduct in the presence of a child. It is important for individuals facing such charges to consult with an attorney to understand the specific charges and potential defenses under Oregon law.