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 West Virginia, the criminal offense of lewd acts with a minor is addressed under the state's sexual offense statutes. Specifically, West Virginia Code §61-8D-5 defines the crime of sexual abuse by a parent, guardian, custodian, or person in a position of trust to a child, which includes engaging in sexual contact with a child under his or her care. Additionally, §61-8C-3 covers the display of obscene matter to minors, which could include causing a child to witness sex acts. The state's laws consider the age of the child and the nature of the act when determining the severity of the offense. For instance, sexual assault in the first degree, as per §61-8B-3, involves a victim who is less than 12 years old and includes sexual intercourse or sexual intrusion. West Virginia also has laws against the use of minors in filming sexually explicit conduct (§61-8C-3) and the solicitation of minors via computer (§61-3C-14a), which would cover certain online activities. Penalties for these offenses vary, with more severe punishments for acts involving younger children or more egregious conduct.