Lewd or lascivious conduct has occurred when a person:
- Intentionally touches a person under 16 years of age in a lewd or lascivious manner; or
- Solicits a person under 16 years or age to commit a lewd or lascivious act.
To be convicted of lewd or lascivious conduct, the prosecutor must prove beyond a reasonable doubt that:
- The victim was under the age of 16;
- The defendant either:
- Intentionally touched the victim in a lewd or lascivious manner or;
- Asked the victim to commit a lewd and lascivious act.
Jessica, a high-school freshman on the cheerleading team, had been communicating over text with Aaron, a senior on the football team. Unaware that Jessica’s parents monitored her text messages, Aaron persistently asked Jessica to send him nude pictures of her. Jessica’s parents found out about it, and contacted the police. After seeing the requests made by Aaron, the police charged him with lewd and lascivious conduct. Because Aaron was under 18, he was charged with a third degree felony.
The penalty for lewd and lascivious conduct varies based on the offenders age. If the defendant is:
- Under 18 years of age, the defendant is charged with a third degree felony, punishable by up to 5 years imprisonment and a $5,000 fine.
- Over 18 years of age, the defendant is charged with a second degree felony, punishable by up to 15 years imprisonment and a $10,000 fine.