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 South Carolina, the criminal offense of lewd acts with a minor is codified under South Carolina Code of Laws Section 16-15-140, which defines the crime of committing or attempting to commit a lewd act upon a child under sixteen. The statute specifies that it is unlawful for a person over the age of 14 to willfully and lewdly commit or attempt to commit a lewd or lascivious act upon or with the body, or its parts, of a child under the age of 16, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or of the child. This includes touching, whether on bare skin or through clothing, for sexual reasons. The law in South Carolina does not specifically mention the viewing of a child's body or private parts in a sexual manner or causing a child to witness sex acts as part of this statute, but such actions could potentially be prosecuted under other relevant laws, such as those pertaining to sexual exploitation of minors or obscenity. Penalties for lewd acts with a minor in South Carolina are severe and can include imprisonment, fines, and registration as a sex offender.