What is a key requirement for a charge of lewd and lascivious conduct?

A key requirement for a charge of lewd and lascivious conduct is the sole intent to cause arousal or offense. This means that the individual accused must have acted with the purpose of sexual arousal or to offend the reasonable sense of decency of another person. The focus on intent differentiates this offense from other types of conduct and places emphasis on the mindset of the perpetrator during the act. The conduct must not only be lascivious in nature but also carried out with specific intention, which is a crucial element in establishing the charge.

The other factors, such as whether the conduct occurred in private, involves multiple perpetrators, or pertains to the age of the victim, may contribute context to a particular case, but they do not satisfy the primary requirement of lewd and lascivious conduct. The importance of intent underscores the need to establish not just what was done, but why it was done to effectively hold someone accountable under this statute.