Crimes Against Chastity Flashcards
WHO are guilty of Adultery (Art. 333) and HOW is it committed?
When a MARRIED WOMAN has sexual intercourse with a man not her husband, AND the MAN who has carnal knowledge of her knowing her to be married, even if the marriage be subsequently declared void COMMIT Adultery.
WHAT are the ways of committing Concubinage (Art. 334) and WHO may be liable to it?
Ways of committing it:
1. By keeping a mistress in the conjugal dwelling;
- By having sexual intercourse, under scandalous circumstances, with a woman who is not his wife; and
- By cohabiting with such woman in any other place.
Who may be liable:
1. A married man.
- The woman who knows him to be married.
What are the ELEMENTS of Art. 336 “Acts of Lasciviousness”?
- That the offender commits any act of lasciviousness or lewdness;
- That the act of lasciviousness is committed against a person of either sex;
- That it is done under any of the following circumstances:
A. By using force 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.
D. When the offended part is under 12 years of age or is demented.
What are the ELEMENTS of Art. 337 “Qualified Seduction”?
- The offended party is a VIRGIN;
- The offended party must be over 12 and under 18 years of age;
- The offender has sexual intercourse with her;
- There is abuse of authority, or confidence or of relationship.
This abuse of authority exists when the offender is a public authority, priest, house servant, domestic, guardian, teacher or one entrusted with the education or custody of the offended party or brother or ascendant of the offended party.
What are the ELEMENTS of Art. 338 “Simple Seduction”?
- The offended woman is over 12 and under 18 years of age.
- She is single and of good reputation.
- The offender had sexual intercourse with her.
- It was committed with deceit.
What are the ELEMENTS of Art. 339 “Acts of lasciviousness with the consent of the offended party”?
- The offender commits acts of lasciviousness or lewdness.
- The acts are committed upon a woman who is a virgin, single or widow of good reputation, over 12 and under 18 years of age, or a sister or descendant regardless of age or reputation.
- The offender accomplishes the act with abuse of authority, confidence, relationship or deceit.
What are the REQUISITES of Art. 340 “Corruption of Minors”?
- The accused acted habitually or with the abuse of authority or confidence.
- He promoted or facilitated the prostitution or corruption of persons below 18 years of age and that he so acted in order to satisfy the lust of another.
What ACTS are punished under Art. 341 “White Slave Trade”?
- Engaging in the business of prostitution,
- Profiting by prostitution, or
- Enlisting the services of women for the purpose of prostitution.
What are the ELEMENTS under Sec. 5, Article III of RA 7610?
- The accused commits the act of sexual intercourse or lascivious conduct.
- The said act is performed with a child exploited in prostitution or subjected to other sexual abuse.
- The child, whether male or female, is below 18 years of age.
What are the ELEMENTS of Art. 342 “Forcible Abduction”?
- That the person abducted is any woman, regardless of her age, civil status or reputation;
- That the abduction is against her will; and
- That the abduction is with lewd designs.
What are the ELEMENTS of Art. 343 “ Consented Abduction”?
- That the taking away of a maiden over 12 and below 18 years of age;
- That the girl shall have consented to being taken away; and
- That the act shall have been committed with lewd designs.
What are the Civil Liabilities of a person who commits rape under Art. 345?
- To indemnify the offended woman;
- To acknowledge the offspring, unless the law should prevent him from doing so;
- In every case to support the offspring.
