1. That the offended party must be a virgin;
2. That she must be over 12 and under 18 years of age;
3. That the taking away of the offended party must be with her
consent, after solicitation or cajolery from the offender; and
4. That the taking away of the offended party must be with lewd
If the virgin is under 12 years of age, the crime committed is
forcible abduction, even if the girl consented to the elopement.
If the virgin is under 12 or is deprived of reason, the crime
is forcible abduction because such is incapable of giving a
When there was no solicitation or cajolery and no deceit and
the girl voluntarily went with the man, there is no crime
committed even if they had sexual intercourse.
The abduction of the victim need not be with some character of
Virginity: not in a material sense as to exclude the idea of
abduction of a virtuous woman of good reputation
It is sufficient that abductor was instrumental in escape of
victim, need not be taken from her house
Requires solicitation or cajolery
What is the purpose of the law?
- To prescribe punishment for the disgrace to her family and
the alarm caused by the disappearance of one who is, by
her age and sex, susceptible to cajolery and deceit.