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 Indiana, the criminal offense of lewd acts with a minor is addressed under the state's child molesting statutes, specifically Indiana Code 35-42-4-3. This law makes it a felony for any person to perform or submit to any fondling or touching with a child under 14 years old with the intent to arouse or satisfy the sexual desires of either the child or the adult. This includes touching or fondling the child's or adult's genitals, pubic area, buttocks, or female breast, whether clothed or unclothed. Additionally, Indiana law criminalizes the act of causing or encouraging a child under 14 to touch or fondle their own body, the body of the adult, or the body of another person for sexual gratification. The severity of the charges can range from a Level 4 to a Level 1 felony, depending on factors such as the use of force or the presence of aggravating circumstances. Indiana does not specifically use the term 'lewd and lascivious acts' in its statutes, but the described behaviors fall under the broader category of child molesting and related sexual offenses against children.