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 Wisconsin, the criminal offense of lewd acts with a minor is addressed under the statutes concerning sexual assault of a child. According to Wisconsin law, specifically section 948.02 of the Wisconsin Statutes, it is a crime to have sexual contact or sexual intercourse with a person who has not attained the age of 16 years. Sexual contact is defined to include any intentional touching, either directly or through clothing, by the defendant or by the victim, of the victim's or defendant's intimate parts, if that intentional touching is for the purpose of sexual arousal or gratification. The law does not require that the touching occur on bare skin. Additionally, the statutes under sections 948.05 and 948.055 cover the offenses of causing a child to view or listen to sexual activity and sexual exploitation of a child, respectively, which can include causing or forcing a child to witness sex acts. The age of the child and the specific circumstances of the offense will determine the severity of the charge and the potential penalties upon conviction. It is important for individuals facing such charges to consult with an attorney who is knowledgeable in Wisconsin's criminal law to understand the specific charges and potential defenses.