On

ART.336

ELEMENTS:
1. That the offender commits any act of lasciviousness
    or lewdness;
2. That the act of lasciviousness is committed against
    a person of either sex; and
3. That it is done under any of the following circumstances:
    a. by using force or intimidation, or
    b. when the offended party is deprived of reason or
       otherwise unconscious, or
    c. by means of fraudulent machination or grave abuse
       of authority, or
    d. when the offended party is under 12 years of age
       or is demented.


Q: How is the crime of acts of lasciviousness distinguished
    from attempted rape?
A: The following are the distinctions:
    (a) If the acts performed by the offender clearly
         indicate that his purpose was to lie with the
         offended woman – attempted rape.
   (b) In the case of attempted rape, the lascivious
         acts are but the preparatory acts to the
         commission of rape; whereas in acts of
         lasciviousness, the lascivious acts are
         themselves the final objective sought by the
         offender.

PEOPLE vs. PALMA, G.R. Nos. 148869-74. 12/11/03
   In the absence of convincing proof that the penis had
   slid into the female organ, rape was not committed.
   Where the victim merely stated that she was carried
   around the sala with appellant's penis "touching" her
   vagina, it would not be right to conclude that the act
   of the penis "touching" the vagina was an entry or
   penetration, even slightly, of the labia majora or the
   labia minora of the pudendum. The appellant is guilty
   of acts of lasciviousness and not rape.

PEOPLE vs. AQUINO G.R. No. 139181. 10/27/03
   The appellant’s act of directing Analyn to remove her
   lower apparel constitutes an act of lasciviousness
   under Article 336 of the Revised Penal Code, and not
   rape

No attempted or frustrated Acts of Lasciviousness.

Lewd design – act with particular design to independently
derive vicarious pleasure therefrom; not merely
a “silly whim”

The difference between Acts of Lasciviousness and Unjust
Vexation is that in the former there is lewd design –
this can be inferred from circumstances surrounding the
commission of the crime: place, time, presence of other
people, what was done; But if it is clear that intention
is to have intercourse, crime could be attempted rape;
if accused desisted in the commission of attempted rape,
it may be a consummated crime of acts of lasciviousness


acts of lasciviousness
Acts of Lasciviousness