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 Texas, the criminal offense of lewd acts with a minor is typically referred to as 'Indecency with a Child' and is governed by the Texas Penal Code. This offense occurs when a person engages in sexual contact with a child younger than 17 years old or exposes the child to the person's genitals with the intent to arouse or gratify the sexual desire of any person. Sexual contact is defined as any touching of the anus, breast, or any part of the genitals of a child, or any touching of the child with these parts of the body, whether the touching is done directly or through clothing. The law also covers the exposure of one's genitals or the conduct of sexual performance in the presence of a minor. Indecency with a child is a serious felony in Texas, and the severity of the charge (either second-degree or third-degree felony) depends on the specific nature of the conduct. Additionally, Texas law criminalizes online solicitation of a minor, which includes sexually explicit communication with a minor over the internet with the intent to arouse or gratify sexual desire, or to arrange a meeting with the minor for sexual purposes.
