Acts of lasciviousness, A336 Revised Penal Code

Acts of lasciviousness – refers to the offense of illegally touching another person’s private parts with the intent of sexual gratification.

1. Concept

Acts of lasciviousness – refers to the offense of illegally touching another person’s private parts with the intent of sexual gratification.

a. Legal basis

Article 336. Acts of lasciviousness. - Any person who shall commit any act of lasciviousness upon other persons of either sex, under any of the circumstances mentioned in the preceding article, shall be punished by prision correccional.

(Revised Penal Code)

2. Modes of commission

The following are the modes of committing the offense:

1) Commission of acts of lasciviousness or lewdness

a. Mode 1: Lasciviousness or lewdness

Elements of the offense of acts of lasciviousness:

1) That the offender commits any act of lasciviousness or lewdness;

2) That it is done under any of the following circumstances: (a) through force, threat, or intimidation; (b) when the offended party is deprived of reason or otherwise unconscious; (c) by means of fraudulent machination or grave abuse of authority; and (d) when the offended party is under 12 years of age or is demented, even though none of the circumstances mentioned above be present; and

3) That the offended party is another person of either sex. (Carbonell v. People, G.R. No. 246702, April 28, 2021, Per Delos Santos, J.)

1) Element 1: Lasciviousness or lewdness

As to the first element, “lasci...