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 Illinois, the criminal offense of lewd acts with a minor is addressed under the Illinois Criminal Sexual Assault statutes. Specifically, the offense is often categorized under 'criminal sexual abuse' or 'aggravated criminal sexual abuse' when it involves a minor under the age of 17. The law considers an act to be criminal sexual abuse if there is sexual conduct with a minor between the ages of 13 and 16 by someone who is less than 5 years older than the minor. Aggravated criminal sexual abuse includes acts where the minor is under 13 years of age or the accused is in a position of trust or authority over the minor. The statutes cover a range of behaviors, including touching a child's body for sexual gratification, whether through clothing or on bare skin. Illinois law also addresses the exploitation of children through the creation or distribution of child pornography, which can include situations where a child is made to witness sexual acts or is involved in sexual acts over online video chat rooms. These offenses are serious and carry significant penalties, including imprisonment and registration as a sex offender. It is important for individuals to consult with an attorney for specific legal advice if they are involved in or accused of such offenses.