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 Montana, the criminal offense of lewd acts with a minor is addressed under the state's sexual abuse laws. Specifically, Montana Code Annotated (MCA) 45-5-502 and 45-5-507 outline the offenses of sexual assault and sexual intercourse without consent, which can encompass lewd acts with a minor. The law defines a minor as a person under the age of 16 for these offenses. The statutes criminalize any sexual touching or intercourse with a person under the age of consent, whether through clothing or on bare skin, and regardless of whether it was for sexual gratification. Additionally, Montana law includes offenses for indecent exposure (MCA 45-5-504) and sexual abuse of children (MCA 45-5-625), which can cover other inappropriate sexual conduct with minors, such as exposing oneself or involving a child in sexual imagery. It is important for individuals in Montana to understand that these laws are strictly enforced and that engaging in such conduct with minors can lead to severe legal consequences. If someone is facing accusations related to lewd acts with a minor, they should consult with an attorney who is experienced in Montana's criminal law to understand their rights and the legal process.