An adult female talked a 13-year-old boy into kissing her and then placed his hand on her breast. Is this a crime, even if the boy consented?

• A. No crime
• B. A misdemeanor
• C. A felony
• D. Lewd or lascivious acts with a child

Answer: (D)

This item tests how sexual offenses involving a minor are handled when the other party is under the age of consent. A 13-year-old is a minor, and an adult may not engage in sexual touching with someone this young, even if the minor appears to consent. Lewd or lascivious acts with a child covers situations where an adult engages in sexual acts with a minor, including touching, regardless of the minor’s consent. Because a minor cannot legally consent to such activity, the adult’s actions are criminal. In this scenario, kissing and placing a hand on the breast constitute sexual contact with a minor, so this offense fits the charge of lewd or lascivious acts with a child.