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 Tennessee, the criminal offense of lewd acts with a minor is addressed under the state's sexual battery statutes. Tennessee Code Annotated § 39-13-505 defines 'sexual battery' as unlawful sexual contact with a victim by the defendant or the defendant by a victim accompanied by any of the circumstances listed in the statute, including the victim being less than 13 years of age and the defendant being at least four years older than the victim. Additionally, Tennessee Code Annotated § 39-13-527 outlines the crime of 'solicitation of a minor,' which is an offense where a person is charged for soliciting, seducing, or luring a minor to engage in a sexual encounter. This can include communication through electronic means, which covers activities in online video chat rooms. The state also has statutes against 'aggravated sexual battery' (Tennessee Code Annotated § 39-13-504) and 'rape of a child' (Tennessee Code Annotated § 39-13-522), which address more severe sexual offenses involving minors. The age of the child, the nature of the act, and the age difference between the offender and the child are all factors that can affect the specific charges and penalties in such cases.