1. That the offender commits any act of lasciviousness
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
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
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|