LASCIVIOUSNESS

By: Karissa Faye R. Tolentino

What constitutes the crime of acts of lasciviousness?

For the crime of acts of lasciviousness to be consummated, the following

elements must concur: (1) That the offender commits any act of lasciviousness or
lewdness; (2) That the is committed against a person of either sex; (3) That is done
under any of the ff. circumstances: (a) By using force or intimidation; or (b) When the
offended party is deprived of reason or otherwise unconscious; (c) When the offended
party is under 12 years of age or is demented. (Art. 366, Revised Penal Code)

What is meant by lewd and should the motive to be lewd needed?

Lewd means anything that is obscene, lustful, indecent, lecherous and those that
signifies form of immorality which has relation to moral impurity or that which is carried
in wanton manner. The motive to be lewd is not necessary since the motive of
lascivious acts is not important because the essence of lewdness is in the very act itself.

What are the differences between acts of lasciviousness and attempted rape?

Foremost, both acts of lasciviousness and attempted rape have same means of
committing the crime such as 1) Force, threat, or intimidation is employed; or 2) By
means of fraudulent machination or grave abuse of authority; or 3) The offended party is
deprived of reason or otherwise unconscious; or 4) Victim is under 12 yrs. of age or is
demented. The major difference is that in attempted rape, the acts performed clearly
indicate that the accuseds purpose was to lie w/ the offended woman and the lascivious
acts are only the preparatory acts to the commission of rape.

What are the differences between acts of lasciviousness and the crime against
chastity?

In acts of lasciviousness, the crime is committed by a private individual, in most

cases while crime against chastity is committed by a public officer only. In acts of
lasciviousness some act of lasciviousness should have been executed by the offender
while in crime against chastity, Mere immoral or indecent proposal made earnestly and
persistently is sufficient.