Lascivious Conduct Against Minors Flashcards
What are the elements of lascivious conduct against minors?
RA 8353, otherwise known as the Anti-Rape Law of 1997, amended the Revised Penal Code.
The elements of rape by sexual assault are:
(1) That the offender commits an act of sexual assault;
(2) That the act of sexual assault is committed by any of the following means:
(a) By inserting his penis into another person’s mouth or anal orifice; or
(b) By inserting any instrument or object into the genital or anal orifice of another person;
(3) That the act of sexual assault is accomplished under any of the following circumstances:
(a) By using force and intimidation;
(b) When the woman is deprived of reason or otherwise unconscious; or
(c) By means of fraudulent machination or grave abuse of authority; or
(d) When the woman is under 12 years of age or demented.
People vs. Bagsic (GR 218404, December 13, 2017).
The elements for sexual abuse under Section 5 of RA 7610 are:
(1) The accused commits the act of sexual abuse or lascivious conduct;
(2) The said act is performed with a child exploited in prostitution or subject to other sexual abuse; and
(3) The child, whether male or female, is below 18 years of age.
People vs. Caoili (GR 196342 & 196848, August 8, 2017).
