Simple seduction, A338 Revised Penal Code

Simple seduction – refers to the offense of deceitful convincing 16- or 17-year-old minors to have sex.

1. Concept

Simple seduction – refers to the offense of deceitful convincing 16- or 17-year-old minors to have sex.

a. Legal basis

Article 338. Simple seduction. - The seduction of a minor, sixteen and over but under eighteen years of age, committed by means of deceit, shall be punished by prision correccional. (As amended by R.A. 11648)

(Revised Penal Code)

2. Modes of commission

The following are the modes of committing the offense:

1) Sexual intercourse with a 16- or 17-year-old by means of deceit

a. Mode 1: Sex with a 16- or 17-year-old by means of deceit

Elements of the offense of simple seduction:

1) That the accused has carnal knowledge of a minor who is 16- or 17-year old;

2) Carnal knowledge is accomplished by means of deceit. (REVISED PENAL CODE, as amended by R.A. 11468, Article 338; See Agcaoili v. People, G.R. No. 194657, September 10, 2014, Per Reyes, Jr., J.)

1) Element 1: Sex with 16- or 17-year-old

The offended party should be a 16- or 17-year-old minor.

In the old law, or prior to the amendment by R.A. 11468, the offended party was limited to a woman who was above 12 years old but less than 18 years old. In the current formulation, the offended party may be of either sex, i.e., a male or a female. Moreover, the offended party has to be either a 16- or 17-year-old minor.

2) Element 2: Deceit

Employing decei...