Child abuse; lascivious conduct
"Lascivious conduct" is defined under Section 2 (h) of the rules and regulations of Republic Act (RA) No. 7610 (child abuse law) as:
"[T]he intentional touching, either directly or through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks, or the introduction of any object into the genitalia, anus or mouth, of any person, whether of the same or opposite sex, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person, bestiality, masturbation, lascivious exhibition of the genitals or pubic area of a person."
On the other hand, the elements of sexual abuse under Section 5(b) of RA 7610 that must be proven in addition to the elements of acts of lasciviousness are as follows:
[1] The accused commits the act of sexual intercourse or lascivious conduct;
[2] The said act is performed with a child exploited in prostitution or subjected to other sexual abuse; and
[3] The child, whether male or female, is below 18 years of age. (Navarrete v. People. G.R. No. 147913, January 31, 2007)
"[T]he intentional touching, either directly or through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks, or the introduction of any object into the genitalia, anus or mouth, of any person, whether of the same or opposite sex, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person, bestiality, masturbation, lascivious exhibition of the genitals or pubic area of a person."
On the other hand, the elements of sexual abuse under Section 5(b) of RA 7610 that must be proven in addition to the elements of acts of lasciviousness are as follows:
[1] The accused commits the act of sexual intercourse or lascivious conduct;
[2] The said act is performed with a child exploited in prostitution or subjected to other sexual abuse; and
[3] The child, whether male or female, is below 18 years of age. (Navarrete v. People. G.R. No. 147913, January 31, 2007)
