single instance of sexual intercourse or lascivious conduct may not be sufficient to
meet the second element of Section 5(b). However, as with the "discrepancy" in the
penalties,[25] this state of law should be addressed by remedial legislation, and not
adjusted by the Court based on its own value judgment.
Larin does not support the extension of Section 5(b) to all cases of
lascivious conduct against a child.
People v. Larin[26] has been used as jurisprudential support for the proposition that
Section 5(b) applies to all instances of lascivious conduct against children because
of the phrase "other consideration". Larin's use of this passage in the deliberations
is oft-cited:
Senator Angara. I refer to line 9, 'who for money or profit'. I would like to amend
this, Mr. President, to cover a situation where the minor may have been coerced or
intimidated into this lascivious conduct, not necessarily for money or profit, so that
we can cover those situations and not leave loophole in this section.
The proposal I have is something like this: WHO FOR MONEY, PROFIT, OR ANY
OTHER CONSIDERATION OR DUE TO THE COERCION OR INFLUENCE OF ANY
ADULT, SYNDICATE OR GROUP INDULGE, et cetera.
The President Pro Tempore. I see. That would mean also changing the subtitle of
Section 4. Will it no longer be child prostitution?
Senator Angara. No, no. Not necessarily, Mr. President, because we are still talking
of the child who is being misused for sexual purposes either for money or for
consideration. What Iam trying to cover is the other consideration. Because, here, it
is limited only to the child being abused or misused for sexual purposes, only for
money or profit.
I am contending, Mr. President, that there may be situations where the child may
not have been used for profit or ...
The President Pro Tempore. So, it is no longer prostitution. Because the essence of
prostitution is profit.
Senator Angara. Well, the Gentleman is right. Maybe the heading ought to be
expanded. But, still, the President will agree that that is a form or manner of child
abuse.
The President Pro Tempore. What does the Sponsor say? Will the Gentleman kindly
restate the amendment?
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