E-Library - Information At Your Fingertips: Printer Friendly 5 of 9 http://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63146 a crime against chastity that in all likelihood would result in the incarceration of the accused unless she was motivated solely by the honest and sincere desire to have the person responsible apprehended and punished.[17] The acts committed by the petitioner against AAA constituted acts of lasciviousness. The elements of acts of lasciviousness under Article 336 of the Revised Penal Code are, to wit: (1) the offender commits any act of lasciviousness or lewdness; (2) the act is done under any of the following circumstances: (a) by using force or intimidation, or (b) when the offended party is deprived of reason or otherwise unconscious or (c) when the offended party is under 12 years of age; and (3) the offended party is another person of either sex.[18] Such acts are punished as sexual abuse under Republic Act No. No. 7610,[19] whose elements under Section 5 of the law are namely: (1) the accused commits the acts of sexual intercourse or lascivious conduct; (2) the 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.[20] Section 2(h) of the Implementing Rules and Regulations of Republic Act No. No. 7610 defines lascivious conduct as: The 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.[21] Anent the penalty to be imposed on the petitioner, Section 5(b), Article III of Republic Act No. 7610 pertinently provides: Section 5. Child Prostitution and Other Sexual male or female, who for money, profit, or any to coercion or influence of any adult, syndicate intercourse or lascivious conduct, are deemed prostitution and other sexual abuse. Abuse - Children, whether other consideration or due or group, indulge in sexual to be children exploited in The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following: (a) x x x (b) Those who commit the act of sexual intercourse or lascivious conduct with a child exploited in prostitution or subjected to other sexual abuse: Provided, That when the victim is under twelve (12) years of age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as the case may be: Provided, that the penalty for lascivious 4/21/2020, 9:25 AM