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 Dakota, the criminal offense of lewd acts with a minor is addressed under the state's statutory laws, specifically within the penal or criminal code. The offense is typically defined as any willful act done with or upon the body of a child, including touching or making the child touch someone else's body, for the purpose of arousing or gratifying sexual desire. In South Dakota, the relevant statutes consider the victim's age, with the age of consent being 16 years old. Acts with a minor under this age can lead to charges such as sexual contact with a child under 16 or rape, depending on the circumstances. The law also covers acts where the offender causes or coerces a child to engage in or witness sexual conduct. The severity of the charges and the penalties upon conviction can vary based on factors such as the age difference between the offender and the minor, the nature of the act, and whether force or coercion was involved. It is important for individuals in South Dakota to be aware of these laws and the serious consequences that can arise from engaging in such prohibited conduct with minors.