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 North Carolina, the criminal offense of lewd acts with a minor is addressed under the state's statutory laws, specifically within the penal or criminal code. The relevant statutes define and penalize sexual offenses involving minors. In North Carolina, such acts are typically referred to as 'indecent liberties with children' under General Statute § 14-202.1. This law makes it a felony for any person who is at least 16 years old and at least five years older than the child to willfully take or attempt to take any immoral, improper, or indecent liberties with any child under the age of 16 years for the purpose of arousing or gratifying sexual desire, or to commit or attempt to commit any lewd or lascivious act upon or with the body or any part or member of the body of such child. The statute covers both direct physical contact and indirect acts that are sexual in nature. Additionally, North Carolina law criminalizes the dissemination of obscenity to minors under General Statute § 14-190.1, and the use of a minor in sexual performance under General Statute § 14-190.16. The state may also prosecute individuals who engage in such activities online, including in video chat rooms, under its laws against the exploitation of minors.