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 Florida, the criminal offense of lewd or lascivious acts with a minor is codified under Florida Statutes, specifically in Chapter 800.04. This law defines lewd or lascivious offenses as those involving a person who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, or forces or entices a person under 16 to so touch the offender. The law also covers lewd or lascivious exhibition in the presence of a person under 16. The offense can be committed in various degrees, ranging from misdemeanor to felony, depending on factors such as the age of the offender and the age of the minor, and whether force or coercion was used. Florida law also addresses the use of electronic devices to commit lewd or lascivious offenses, which can include actions taken in online video chat rooms. Penalties for these offenses are severe and can include significant prison time, fines, and registration as a sex offender.