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Consented abduction, A343 Revised Penal Code

Consented abduction – refers to the offense of abducting a 13- to 17-year old with her consent and with lewd designs.

1. Concept

Consented abduction – refers to the offense of abducting a 13- to 17-year old with her consent and with lewd designs.

a. Legal basis

Article 343. Consented abduction. - The abduction of a virgin over twelve years and under eighteen years of age, carried out with her consent and with lewd designs, shall be punished by the penalty of prision correccional in its minimum and medium periods.

(Revised Penal Code)

2. Modes of commission

The following are the modes of committing the offense:

1) To abduct a virgin over 12 but under 18 years of age with her consent and with lewd designs

a. Mode 1: Abduction with consent

Elements of the offense of consented abduction:

1) That the offended party is a virgin;

2) That she must be over twelve (12) and under eighteen (18) years of age;

3) The taking away of the offended party must be with her consent, after solicitation or cajolery from the offender; and

4) The taking away of the offended party must be with lewd designs. (Perez v. CA, G.R. No. L-80838, November 29, 1988, Per Cortes, J.; Valdepeñas v. People, En Banc, G.R. No. L-20687, April 30, 1966, Per Concepcion, J.)

1) Element 1: Virgin

As regards the first element, it is settled that the virginity mentioned in Article 343 of the Revised Penal Code, as an essential ingredient of the crime of abduction with consen...

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