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 Rhode Island, the criminal offense of lewd acts with a minor is addressed under the state's sexual assault laws. Specifically, Rhode Island General Laws § 11-37-8.1 defines 'Second Degree Sexual Assault' which includes engaging in sexual contact with a person who is 14 years of age or under when the accused is more than three years older than the victim. Sexual contact is defined to include the touching of the victim's sexual or other intimate parts, either directly or through clothing, for the purpose of sexual arousal, gratification, or assault. Additionally, Rhode Island law criminalizes indecent exposure and lewd acts (§ 11-45-1) which can encompass exposing one's genitals to a minor or performing other lewd acts where a minor is present. The state may also prosecute individuals who engage in such activities online, as electronic dissemination of indecent material to minors is prohibited under § 11-9-1.3. The penalties for these offenses vary based on the specific circumstances and the age of the minor involved, but they can include imprisonment, fines, and mandatory registration as a sex offender.