If a person commits a lewd or lascivious act on the body or any body part of a person under the age of 14 for the purposes of:
Appealing to;
Gratifying; or
Arousing
passions, sexual desires, or lust of
The defendant adult; or
The child
charges may be brought for lewdness with a child.
“Lewd or lascivious” acts mean any sexual activity up to but not including penetration (because unlawful penetration is sexual assault).