Acts of Lasciviousness: Meaning
Quick answer
Acts of lasciviousness is the crime of committing a lewd act upon another person, man or woman, by force or intimidation, or when the victim is deprived of reason, unconscious or below the age the law sets. It is punished by Article 336 of the Revised Penal Code with prision correccional, from 6 months and 1 day to 6 years. When the victim is a child, a special law, Republic Act No. 7610, may apply with heavier penalties.
Also called: Lascivious conduct
What does Article 336 say?
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.
"The preceding article" was Article 335 on rape. Republic Act No. 8353 (1997) repealed it and moved the rules on rape to new articles. So the circumstances are now taken from how the Supreme Court reads Article 336. See Article 336 for the full explanation.
What are the elements?
In People v. Tulagan (2019), the Supreme Court, sitting En Banc, listed them:
- the offender commits any act of lasciviousness or lewdness;
- it is done by using force or intimidation, when the offended party is deprived of reason or otherwise unconscious, or when the offended party is under 12 years of age; and
- the offended party is another person of either sex.
Tulagan was decided before Republic Act No. 11648 (2022), which raised the age in the statutory rape provision from twelve to sixteen. How courts now read the age in the third circumstance is for the courts to settle.
What changes when the victim is a child?
Republic Act No. 7610, Section 5(b), punishes sexual intercourse or lascivious conduct with a child "exploited in prostitution or subjected to other sexual abuse". Under the guidelines of People v. Caoili (2017), restated in Tulagan, the crime is called acts of lasciviousness under Article 336, with prision correccional, only when the victim is 18 or older. For child victims, the Court applied Section 5(b), with penalties from reclusion temporal in its medium period up to reclusion perpetua, depending on the age band. Republic Act No. 11648 later changed the age in the proviso of Section 5(b) from twelve to sixteen. The details are in Acts of lasciviousness: penalty.
How is it different from other offenses?
- An annoying or offensive act that is not lewd may be unjust vexation instead.
- When the offender is the woman's husband, partner or former partner, Republic Act No. 9262 may also apply. See How to file a VAWC case.
Example
Made-up illustration: Tess, an adult, is held down by a co-worker who touches her in a lewd way against her will. The act was done by force and Tess is of legal age, so Article 336 applies, with prision correccional. Whether the act was lewd and whether force was used is decided by the court on the evidence.
Which provisions use this term?
Frequently asked questions
What does acts of lasciviousness mean?
It is a lewd or indecent act committed upon another person, man or woman, under circumstances such as force or intimidation, or when the victim is deprived of reason or unconscious. It is punished by Article 336 of the Revised Penal Code.
What is the penalty for acts of lasciviousness?
Article 336 sets prision correccional, from 6 months and 1 day to 6 years. When the victim is a child, the Supreme Court has applied Republic Act No. 7610, Section 5(b), which carries heavier penalties.
Can a man be a victim?
Yes. Article 336 covers acts committed "upon other persons of either sex".
Is acts of lasciviousness the same as unjust vexation?
No. Acts of lasciviousness needs a lewd act done under the circumstances the law requires. An annoying act that is not lewd may be unjust vexation under Article 287 instead.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
Was this page helpful?