LASCIVIOUS ACTS

LAW EACH WEEK

What constitutes the crime of acts of lasciviousness?

The following elements must concur for the crime of acts of lasciviousness to be consummated: (1) That the offender commits any act of lasciviousness or lewdness; (2) That the is committed against a person of either sex; (3) That is done under any of the ff. circumstances: (a) By using force or intimidation; or (b) When the offended party is deprived of reason or otherwise unconscious; (c) When the offended party is under 12 years of age or is demented. (Art. 366, Revised Penal Code)

What is meant by “lewd” and should the motive to be lewd needed?

Lewd means anything obscene, lustful, indecent, lecherous and those that signify form of immorality which has relation to moral impurity or that which is carried in a wanton manner. The motive to be lewd is not necessary since the motive of lascivious acts is not important because the essence of lewdness is in the very act itself.

How are acts of lasciviousness different from attempted rape?

In attempted rape, the acts performed indicate that the accused’s purpose was to lie with the offended woman and the lascivious acts are only the preparatory acts to the commission of rape. Both acts of lasciviousness and attempted rape have same means of committing the crime such as 1) Force, threat, or intimidation is employed; or 2) By means of fraudulent machination or grave abuse of authority; or 3) The offended party is deprived of reason or otherwise unconscious; or 4) Victim is under 12 yrs. of age or is demented.

How are acts of lasciviousness different from the crime against chastity?

In acts of lasciviousness, the crime is committed by a private individual, in most cases while crime against chastity is committed by a public officer only. In acts of lasciviousness some act of lasciviousness should have been executed by the offender while in crime against chastity, Mere immoral or indecent proposal made earnestly and persistently is sufficient.