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 New Mexico, the criminal offense of lewd acts with a minor is addressed under the state's criminal sexual contact statutes. Specifically, New Mexico law criminalizes the intentional touching of a minor's intimate parts, or the intentional causing of a minor to touch the perpetrator's or another's intimate parts, when done for the purpose of sexual gratification, when the child is under the age of 18. This is known as criminal sexual contact of a minor and is classified according to the age of the child and the nature of the contact. The offense becomes more severe if the child is under 13 years of age. New Mexico law also addresses issues of indecent exposure and other lewd acts, which can include causing or forcing a child to witness sexual acts. The state may prosecute individuals who engage in such activities, including those conducted via online platforms. These offenses are typically found in the New Mexico Statutes Annotated (NMSA), particularly within the criminal or penal code sections dealing with sexual offenses.