Art. 336. Acts of lasciviousness. Any person who shall commit any act of
lasciviousness upon other persons of either sex, under any of the circumstances mentioned
in the preceding article, shall be punished by prision correccional.
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
3. That it is done under any of the following circumstances:
a. By using force or intimidation
b. When the offended party is deprived of reason or otherwise unconscious
c. By means of fraudulent machination or grave abuse of authority
d. When the offended party is under 12 years of age or is demented
Examples
Embracing, kissing and holding girls breast is act of lasciviousness.
Taking advantage of the fact that Paula, a young married woman, was alone in the house,
the accused went to the house of said woman on the pretext of asking for a glass of water,
stealthily approached her and, without giving her an opportunity to defend herself,
embraced and kissed her and caught hold of her breasts. When Paula recovered from the
shock, she defended herself in spite of the fact that the accused threatened to kill her with a
dagger.
When a man embraces and kisses a woman three times and intentionally fondled her
breast at the same time in a theater where the lights were out and the peoples attention
was naturally concentrated on the picture, he must be considered as having done so with a
feeling of lasciviousness, a mental process of emotion that differs in intensity in different
situations and different persons. Being a purely mental process discernible only by overt
acts, no inflexible rule can be laid down as an accurate measure.
Kissing and embracing a woman against her will are acts of lasciviousness when
prompted by lust or lewd designs.
Compelling a girl to dance naked before men is an act of lasciviousness
For her failure to pay her debt, the girl, after beating her with a stick, was compelled by the
defendant to take off her clothes and dance before himself and may other persons. Held:
there was a crime of acts of lasciviousness, even if the dominating motive is revenge, for
her failure to pay a debt, for it cannot be believed that there was no admixture of
lasciviousness in the thought and purpose of the defendant who could devise such method.
Lover's embrace and kisses, not acts of lasciviousness
Lovers embrace and kisses are not acts of lasciviousness, there being no evidence that
the lover was actuated by lustful design or purpose, or that his conduct was lewd or
lascivious.
the
commission
of
attempted
rape
may
constitute
acts
of
Desistance does not imply the absolute irresponsibility of the offender with respect to acts
already committed. If the acts of lasciviousness were already committed, they are within
the nature of the consummated crime of acts of lasciviousness, since actual damage was
already done to a lawful right.
No attempted or frustrated crime of acts of lasciviousness
From the moment the offender performs all the elements necessary for the existence of the
felony, he actually attains his purpose and, from that moment, all the essential elements of
the offense have been accomplished.
Art. 336 vs. Art. 339
Act of lasciviousness under Art. 336 is committed against a male or a female and under
circumstances o rape, i.e., without consent.
Acts of lasciviousness with consent of the offended party under Art. 339 is committed
against a female under circumstances of seduction.
Under R.A. No. 7610, it is child abuse. Where the child is under 12, the penalty is one
degree higher.
Sources:
Leonor D. Boado, Notes and Cases on the Revised Penal Code, 2004 ed.
Luis B. Reyes, The Revised Penal Code, Book II, 2001 ed.