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 Washington State, the criminal offense of lewd acts with a minor is codified under the state's penal code, specifically in the context of child molestation and sexual misconduct with a minor. Washington law defines child molestation in varying degrees, with the first degree being the most severe, typically involving sexual contact with a child under the age of 12. Sexual misconduct with a minor involves sexual contact with someone who is at least 16 years old but not yet 18 years old and not married to the perpetrator, where the perpetrator is in a significant relationship with the minor or is in a position of authority. The law considers a variety of acts to be lewd, including any touching of the sexual or other intimate parts of a person done for the purpose of gratifying sexual desire. The state also has laws against the communication with a minor for immoral purposes, which can include online interactions. Penalties for these offenses vary based on the specific circumstances and the age of the child, with more severe penalties for offenses involving younger children or the use of force.