On

ART.338

ELEMENTS:
1. That the offended party is over 12 and under 18 years
    of age;
2. That she must be of good reputation, single or widow;
3. That the offender has sexual intercourse with her; and
4. That it is committed by means of deceit.



What is the purpose of the law?
   - To punish the seducer who by means of promise of
     marriage, destroys the chastity of an unmarried
     female of previous chaste character

Virginity of offended party is not required, good
reputation is sufficient.


Deceit generally takes the form of unfulfilled
promise to marry.

Promise of marriage by a married man, whom the victim knew
to be married, is not deceit.

Promise of marriage after sexual intercourse is not deceit.

No continuing offense of seduction

Man may be willing and ready to marry the girl but simple
seduction is still committed when man knows that the
offended party cannot legally consent to marriage.

What about unfulfilled promise of material things, as when
the woman agrees to sexual intercourse in exchange for
jewelry?
   - This is not seduction because she is a woman of loose
     morals.

Promise of marriage by a married man is not a deceit, if
the woman knew him to be married.