Acts of Lasciviousness with the Consent of the

Offended Party

Art. 339. Acts of lasciviousness with the consent of the offended party. — The penalty of arresto
mayor shall be imposed to punish any other acts of lasciviousness committed by the same persons
and the same circumstances as those provided in Articles 337 and 338. (Revised Penal Code)

What are the elements of acts of lasciviousness with the consent of the offended
party?

Elements:

1. That the offender commits acts of lasciviousness or lewdness

2. That the acts are committed upon a woman who is a

a. virgin or single or widow of good reputation, over 12 but under 18, or

b. a sister or a descendant regardless of her reputation or age

3. That the offender accomplishes the acts by abuse of authority, confidence, relationship,
or deceit.

Can a male be an offended party in this crime?

Male cannot be the offended party in this crime because unlike Art. 336, Art. 339 does not
mention “persons of wither sex” as the offended party.

A, a 16-year old girl, and B were lovers. While they were in the theater, B kissed A,
touched her breast, including her private parts with the consent of A. Was B guilty
of acts of lasciviousness with the consent of the offended party under Art. 339?

No. In order that the crime of acts of lasciviousness with the consent of the offended party
may be committed, it is necessary that the crime is committed under the circumstances
which would make it qualified or simple seduction had there been sexual intercourse,
instead of acts of lewdness only. B did not accomplish the act by abuse of authority,
confidence, relationship, or deceit. (Reyes, The Revised Penal Code)

● The offended woman may have consented to the acts of lasciviousness being performed
by the offender on her person, but the consent is obtained by abuse of authority, confidence,
relationship or by means of deceit. (Reyes, The Revised Penal Code)

What is the penalty when victim is under 12 years of age?

The penalty is one degree higher than that imposed by law when the victim is under 12
years of age (Sec. 10, RA No. 7610)

Art. 336 vs. Art. 339

Acts of Lasciviousness Acts of Lasciviousness w/ Consent

(Art. 336)
Committed under circumstances
which, had there been carnal
knowledge, would amount to rape
Offended party is a female or male
(Art. 339)
Committed under circumstances which,
had there been carnal knowledge,
would amount to either qualified or
simple seduction
Offended party should only be female