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 Virginia, the criminal offense of lewd acts with a minor is addressed under the state's statutes concerning sexual offenses involving children. Specifically, Virginia law criminalizes taking indecent liberties with children under Code of Virginia § 18.2-370, which includes proposing or committing lewd acts with a child under the age of 15. The statute defines the offense as proposing or committing any lewd or lascivious act upon or with the body or any part or member thereof of a child, with the intent to arouse or gratify sexual desire. This can include touching, as well as causing the child to touch themselves or someone else, regardless of whether it is done through clothing or on bare skin, and for sexual reasons. Additionally, Virginia law under § 18.2-370.1 prohibits displaying material depicting nudity or sexual conduct to minors as a separate offense. The Commonwealth treats these crimes seriously, and they can result in significant penalties, including imprisonment and registration as a sex offender.