Acts of lasciviousness with consent, A339 Revised Penal Code

Acts of lasciviousness with consent – is an offense wherein the offender commits to a consenting offended party who is a 16- or 17-year-old minor.

1. Concept

Acts of lasciviousness with consent – is an offense wherein the offender commits to a consenting offended party who is a 16- or 17-year-old minor.

2. Modes of commission

The following are the modes of committing the offense:

1) Any other acts of lasciviousness with consent of the offended party

a. Mode 1: Lasciviousness with consent

Elements of the offense of acts of lasciviousness with consent:

1) The offended party is a 16- or 17-year-old minor;

2) The offender is the same persons as those in Articles 337 and 338;

3) The offender commits any other acts of lasciviousness on the offended party under the same circumstances as those in Articles 337 and 338; and

4) The offended party consented to the acts of lasciviousness. (REVISED PENAL CODE, Article 339)

For more information, see: Acts of lasciviousness

1) Element 1: 16- or 17-year-old minor

2) Element 2: Same offender in A337 and A338

The offenders in Article 337 (qualified seduction) of the Revised Penal Code are as follows::

1) Any person in public authority;

2) Priest;

3) Home-servant;

4) Domestic guardian;

5) Teacher; or

6) Any person who, in any capacity, shall be entrusted with the education or custody of the minor seduced.

For Article 338 (simple seduction), any one can be an offender as there are no specific individuals mentioned unlike in Article 337.

3) Element 3: Any other acts of lasciviousness

The offender commits any other acts of lasciviousness in the same manner and by the same persons as those specified in Articles 337 (re qualified seduction) and 338 (re simple seduction).

For more information, see (a) Qualified Seduction; and (b) Simple Seduction

4) Element 4: Offended party consented

The 16- or 17-year-old offended party consented. The fact that the offended party consented does not exculpate the offender from liability. In fact, notwithstanding such consent, the offender is still liable for committing acts of lasciviousness. This is because the law punishes such acts for the protection of 16- or 17-year-old minors, who are presumed under the law as incapable of consent at least insofar as this provision is concerned.

a) Express consent

Consent may be expressly given, such as when the offended party answers in the affirmative – e.g., saying “Yes” or nodding to express assent. Thus, in these situations, it is crystal clear and beyond doubt that the offended party has agreed to the acts of lasciviousness being committed by the offender (as opposed to implied consent where there is no clear and express assent, but only an inference may be made from the behavior or conduct of the offended party).

b) Implied consent

It is also possible that the consent is impliedly given, i.e., through behavior or acquiescence it can be inferred that the offended party gave consent. For example, if an offender commits acts of lasciviousness, the offended party may just be smiling or perhaps give some form of encouragement (in this situation, the offended party is not showing in express or categorical terms of consent; however, a reasonable inference from the offended party’s behavior will show that there is an implied consent.)

3. Things to note

The following are some additional things to note about this offense.

a. Common provisions

This offense shares common provisions with other offenses under Title XI of the Revised Penal Code – Crimes Against Chastity. See: Crimes Against Chastity

4. Distinguish from other offenses

This offense is distinguished from other offenses or crimes below.

a. Consented acts of lasciviousness with consent vs Lasciviousness

Factors	Consented Acts of Lasciviousness	Acts of Lasciviousness
Offended Party	16- or 17- year-old	Any person
Offender	Any person	Any person
Overt Acts	Offender commits acts of lasciviousness against the offended party who is a 16- or 17-year-old minor, and with the latter’s consent	Offender commits acts of lasciviousness against the offended party, and without the latter’s consent

The main difference is on the consent. In the consented acts of lasciviousness, the offended party gave consent, whether expressly or impliedly. On the other hand, in acts of lasciviousness, the offended party did not give such consent.