I. Overview

“Acts of lasciviousness” is a specific criminal offense under the Revised Penal Code (RPC) of the Philippines, primarily found in Article 336.

In simple terms, it covers lewd or sexually offensive physical acts (for example, intentional groping, forced kissing, touching of private parts) done under coercive or exploitative circumstances, short of sexual intercourse or rape, but serious enough to be punished as a crime.

While the core provision is in the RPC, penalties change significantly depending on:

The age and situation of the victim (especially if a child, or exploited),
The relationship between offender and victim,
Whether special laws (like those protecting children or women, or penalizing sexual harassment) apply.

This article focuses on penalties, but necessarily explains the basic definition and legal framework so the penalties make sense.

II. Main Legal Bases

The following are the key laws you need to know when talking about penalties for acts of lasciviousness:

Revised Penal Code (RPC)
- Article 336 – Acts of Lasciviousness (core provision).
- General rules on penalties (prisión correccional, reclusión temporal, etc.).
- Rules on aggravating/mitigating circumstances, participation, prescription, civil liability.
Special Protection of Children Against Abuse, Exploitation and Discrimination Act – R.A. No. 7610
- Penalizes lascivious conduct with children, especially those exploited in prostitution or subjected to sexual abuse, with much heavier penalties than Article 336.
Other related laws (for context)
- R.A. No. 8353 – Anti-Rape Law of 1997 (reclassified rape and amended references in Art. 336).
- R.A. No. 9262 – Anti-VAWC Law, R.A. No. 7877 – Anti-Sexual Harassment Act, R.A. No. 11313 – Safe Spaces Act, R.A. No. 10175 – Cybercrime Law, etc., which may:
  - Provide alternative or additional charges, or
  - Treat lascivious conduct as a form of sexual abuse/harassment with their own penalty schemes.

III. Acts of Lasciviousness under Article 336, RPC

A. Legal Concept and Elements

Article 336 punishes “acts of lasciviousness” committed upon another person under any of the circumstances of rape. In essence, prosecutors must generally show:

An act of lasciviousness or lewdness
- A physical act of sexual nature:
  - Intentional touching, fondling, or groping of breasts, buttocks, or genital area;
  - Forced kissing or caressing with clear sexual overtones;
  - Other indecent physical contact aimed at sexual gratification.
- There must be lewd design – an intent to satisfy sexual desire or to offend the victim’s sexual dignity.
Committed against any person of either sex
- The victim may be male or female, adult or minor.
Under any of the circumstances of rape (now under Art. 266-A, par. 1, RPC) Typically, one of the following:
- Through force, threat, or intimidation;
- When the offended party is deprived of reason or otherwise unconscious;
- By means of fraudulent machination or grave abuse of authority;
- When the victim is below the age of consent or demented (the exact age threshold has been adjusted by later laws, but the concept is that a child or mentally disabled person cannot validly consent).

If any of these circumstances exist, and the act is lascivious (not full sexual intercourse), then it falls under Article 336, unless a special law with a higher penalty specifically applies (e.g., RA 7610 for children).

IV. Basic Penalty under Article 336, RPC

A. Principal Penalty: Prisión Correccional

Article 336 imposes the penalty of prisión correccional. This is a correctional penalty, with a duration of:

6 months and 1 day to 6 years of imprisonment.

This 6-month-and-a-day to 6-year range is further divided into minimum, medium, and maximum periods, which the court will use to calibrate the exact sentence based on aggravating/mitigating circumstances (e.g., abuse of trust, intoxication, voluntary surrender).

Minimum: 6 months and 1 day to 2 years and 4 months
Medium: 2 years, 4 months and 1 day to 4 years and 2 months
Maximum: 4 years, 2 months and 1 day to 6 years

The court will choose the proper period and exact term based on the rules in the RPC (Articles 13, 14, 64, etc.):

Mitigating circumstances (e.g., voluntary surrender, plea of guilty, no prior record) can lower the penalty towards the minimum.
Aggravating circumstances (e.g., abuse of public position, dwelling, cruelty, insult to age/sex) can move it toward the maximum.

B. Accessory Penalties

As a consequence of prisión correccional, the offender may also suffer accessory penalties mandated by law, such as:

Suspension from public office,
Inability to follow certain professions, and
Disqualification from suffrage, depending on the actual term imposed and the nature of the offense.

These follow Articles 42–45 of the RPC.

C. Fines

Article 336, in itself, does not traditionally impose a fine; the primary sanction is imprisonment. However:

Fines may be imposed if other related offenses or special laws are charged together (e.g., sexual harassment, cybercrime), or as part of plea bargaining arrangements, depending on the law invoked.

V. Acts of Lasciviousness Involving Children (R.A. No. 7610 and Related Provisions)

When the victim is a child, penalties can be dramatically higher than the basic prisión correccional of Article 336.

A. Child Protection under R.A. No. 7610

Under R.A. No. 7610, a child is generally:

Under 18 years of age, or
Over 18 but unable to fully care for or protect himself/herself due to a physical or mental disability or condition.

1. Lascivious Conduct with a Child in Prostitution or Sexual Abuse

Where the offender commits “lascivious conduct” with a child who is:

Exploited in prostitution, or
Subjected to other sexual abuse (for example, using the child for sexual gratification, even without money, under exploitative conditions),

the penalty under R.A. 7610 is generally:

Reclusión temporal (in its medium period) to reclusión perpetua

In practical terms:

Reclusión temporal spans 12 years and 1 day to 20 years; its medium period is roughly 14 years and 8 months to 17 years and 4 months.
Reclusión perpetua is a much more serious penalty, often resulting in actual imprisonment of 20 years or more, with lifelong consequences (e.g., no parole in certain cases depending on other laws).

This is far harsher than the 6-month-to-6-year prison range of Article 336.

Key point: If the facts show that the child is exploited in prostitution or sexual abuse, courts and prosecutors usually apply R.A. 7610, not just Article 336, because the intent of Congress is to severely punish such exploitation.

2. Lascivious Conduct with a Child Not in Prostitution but Still Abused

Even if the child is not formally in prostitution, any adult who uses a child for sexual gratification or in a sexually abusive environment can fall under R.A. 7610. Courts look at:

The age and vulnerability of the child,
The power imbalance (parent, teacher, guardian, employer, etc.),
Whether the acts show sexual exploitation.

Penalties still track reclusion temporal to reclusion perpetua, depending on the specific section violated.

B. Overlap with Article 336

Sometimes, the same set of facts can seemingly fall under:

Article 336, RPC (generic acts of lasciviousness), and
R.A. 7610 (child sexual abuse / lascivious conduct).

Generally:

R.A. 7610 will prevail when its elements are present, because it is a special law with a higher, more specific penalty safeguarding children.
Article 336 tends to apply when:
- The victim is an adult, or
- The victim is a minor but the specific conditions of R.A. 7610 are not fully met.

VI. Relationship, Context, and Special Laws (How They Affect Penalties)

Acts of lasciviousness do not exist in a vacuum. The penalty outcomes often depend on who the offender is, where the act occurs, and what law is invoked.

A. Domestic and Intimate Relationships (R.A. 9262)

If the offender is:

A husband, partner, ex-partner, or a person with whom the woman has or had a romantic or sexual relationship, and
The lascivious act forms part of “sexual violence” or abuse,

it can be prosecuted under R.A. No. 9262 (Anti-Violence Against Women and Their Children Act).

R.A. 9262 imposes its own penalties, which may range from prisión correccional to reclusión temporal, depending on the act and its gravity.
The same conduct may also be charged as Article 336, especially if the elements match.
R.A. 9262 also allows protection orders, which are preventive measures not found in the plain text of Article 336.

B. Workplace, School, and Training Context (R.A. 7877 and R.A. 11313)

R.A. No. 7877 (Anti-Sexual Harassment Act) and R.A. No. 11313 (Safe Spaces Act) penalize sexual harassment and sexually offensive conduct (including lascivious acts) in:

Workplaces,
Schools,
Training environments,
Public spaces, online platforms (under R.A. 11313).

Penalties here can include:

Imprisonment (usually shorter terms),
Fines,
Administrative sanctions (suspension, dismissal, revocation of license, etc.).

If a superior, teacher, or trainer touches, gropes, or otherwise commits lascivious acts under coercive or exploitative circumstances:

They may be charged under Article 336 (RPC) and/or
Under R.A. 7877 / 11313, depending on the specific facts.

Because Article 336 carries up to 6 years of imprisonment, and some special laws carry lower maximums but add administrative penalties, prosecutors sometimes choose the combination that best reflects the gravity of the offense.

C. Use of Computer or Online Platforms (R.A. 10175 – Cybercrime)

If lascivious acts are committed through online means (e.g., forcing a victim to perform sexual acts on camera, or committing acts in front of a webcam while the victim is coerced into watching), R.A. No. 10175 (Cybercrime Prevention Act) can apply.

Cybercrime law often raises the penalty by one degree when a crime under the RPC is committed through information and communications technologies.
This means that an act that would usually be punished by prisión correccional can be elevated to something closer to prisión mayor range when qualified by cybercrime provisions.

VII. Aggravating and Mitigating Circumstances Affecting Penalties

Even within the same penalty bracket, the actual term of imprisonment can shift based on circumstances surrounding the act.

A. Common Aggravating Circumstances

Examples that can increase the penalty toward the maximum range:

Abuse of superiority, confidence, or public position (e.g., teacher, police officer, employer),
Commission in the victim’s dwelling or in a place where the victim is not free to leave,
Commission with cruelty or in the presence of minors or relatives, magnifying the humiliation,
Commission with insult or disregard of the victim’s age, sex, or physical condition,
Taking advantage of a calamity or emergency.

These are evaluated under Articles 14 and 64, RPC.

B. Mitigating Circumstances

Factors that can move the penalty closer to the minimum:

Voluntary surrender to authorities,
Plea of guilty upon arraignment,
Lack of prior criminal record,
Certain situations indicating lesser depravity (though the sexual nature of the offense often limits sympathy).

C. Privileged Circumstances and Plea Bargaining

In practice:

Accused might plea bargain from a more serious sexual offense (e.g., rape) to acts of lasciviousness, leading to prisión correccional instead of reclusión temporal or perpetua.
Plea bargains must still respect the minimum legal penalties and the consent of the offended party and prosecution, subject to court approval.

VIII. Civil Liability and Damages

A conviction for acts of lasciviousness (whether under Article 336 or special laws) usually carries civil liability:

Civil indemnity
- A monetary award recognizing the violation of the victim’s rights.
Moral damages
- For the mental anguish, anxiety, humiliation, and trauma endured.
Exemplary damages
- To serve as a deterrent if the offense was committed with aggravating circumstances (e.g., abuse of authority).
Support for child victims
- Under R.A. 7610 and related laws, courts may also require support, rehabilitation, counseling, and education-related expenses.

The amounts depend on case law and evidence, and Supreme Court decisions periodically standardize or adjust these amounts.

IX. Prescription of the Crime

A. Under the Revised Penal Code (Article 336)

Under the RPC’s rules on prescription of crimes:

Offenses punishable by correctional penalties (like prisión correccional) generally prescribe in 10 years.

That means:

If no criminal action is filed within 10 years from the commission of the act (subject to rules on interruption and special situations), the State may lose its right to prosecute under Article 336.

B. Under Special Laws (e.g., R.A. 7610, R.A. 9262, etc.)

Special laws often follow the prescription rules of Act No. 3326, tying prescription to the severity of the penalty.
Because statutes and case law evolve, the exact prescriptive periods may differ depending on:
- The maximum penalty (e.g., reclusion temporal vs reclusion perpetua),
- Specific provisions in the special law.

In child-related and gender-based violence laws, the general trend is toward longer prescriptive periods or more victim-friendly rules (e.g., counting from discovery or reaching majority), but the precise details must be checked in the current statute and jurisprudence.

X. Practical Effects of the Penalty

A. Imprisonment and Criminal Record

A conviction under Article 336 alone can mean months to several years in prison.
Under R.A. 7610 or when qualified by cybercrime or other statutes, the prisoner may face decades of incarceration.
The offender will have a criminal record, affecting:
- Employment,
- Travel/immigration,
- Professional licensing,
- Civic rights (e.g., voting eligibility for certain periods).

B. Probation and Parole

Because prisión correccional is in the correctional range, probation may be available in some cases, especially for first-time offenders and lower terms.
For higher penalties (e.g., reclusión temporal to reclusión perpetua under R.A. 7610), eligibility for probation or parole is greatly restricted or barred by law.

XI. Summary

Core offense: Acts of lasciviousness under Article 336, RPC = lewd physical acts against any person under the circumstances of rape, with intent to satisfy sexual desire or offend the victim’s dignity.
Basic penalty:

Prisión correccional (6 months and 1 day to 6 years) plus accessory penalties (e.g., suspension from office, disqualification), and possible civil liability (damages).
When the victim is a child and/or exploited (especially under R.A. 7610):

Penalty can escalate to reclusión temporal (medium) to reclusión perpetua, i.e., potentially 14+ years up to 40 years of imprisonment.
Context matters:
- Domestic/intimate context → R.A. 9262 (VAWC)
- Workplace, school, public spaces → R.A. 7877, R.A. 11313
- Online or through ICT → R.A. 10175 (Cybercrime law, with penalty upgrades)
Aggravating/mitigating factors, plea bargaining, and overlap with special laws can significantly change the actual sentence.
Civil damages and long-term consequences (criminal record, loss of rights, reputational harm) accompany the criminal penalties.

Important Note

This is a general legal overview of penalties for acts of lasciviousness in the Philippine context. Specific cases are highly fact-sensitive and can be affected by the latest amendments and Supreme Court decisions.

For any real situation involving possible acts of lasciviousness—whether as victim, accused, or concerned family member—it is crucial to consult a Philippine lawyer or legal aid office for case-specific advice based on up-to-date law and jurisprudence.