CRIMES AGAINST LIBERTY o If the purpose of detention is to extort

ransom
ART 267. KIDNAPPING o When the victim is killed or dies as a
consequence of the detention
Elements: o When the victim is raped
1. The offender is a private individual o When the victim is subjected to torture or
2. That he kidnaps or detains another, or in any other dehumanizing acts.
means that deprive liberty  No complex crime of Illegal Detention with Rape
3. That the act of detention or kidnapping must be under ART 48
illegal  Conspiracy to extort ransom makes all the
4. In the commission of the offense, any of the ff. conspirators liable under this article, including those
circumstances are present who did not take part in the money.
a. The kidnapping lasts for more than 3 days
b. It is committed simulating public authority
c. That any serious physical injuries are inflicted ART 268 SLIGHT ILLEGAL DETENTION
upon the person kidnapped or detained or
threats to kill him are made Elements:
d. That the person kidnapped is a minor, female or
public officer 1. Offender is a private individual;
2. He kidnaps or detains another, or in any other manner
 If the offender is a public officer, the crime is deprives him of his liberty.
arbitrary detention 3. The act of kidnapping or detention is illegal;
 When the victim is a minor and the accused is one of 4. The crime is committed without the attendance of any
the parents, the penalty shall be arresto mayor or a of the circumstances enumerated in Article 267.
fine not exceeding 300 pesos or both (Article 271,  The same penalty for slight illegal detention shall be
par. 2) incurred by anyone who shall furnish the place for the
 Intention of extorting ransom on the part of the perpetration of the crime. (normally, this is an
accused is essential in the crime of kidnapping accomplice but under this article he is treated as co-
- As long as detention was committed principal)
for the purpose of extorting ransom,  Privileged mitigating circumstance (penalty lower by
ACTUAL demand for ransom is NOT Unlawful arrest Delay of delivery of
NECESSARRY detained persons
 The carrying away can be made forcibly or The detention is not The detention is for some
fraudulently authorized by law legal ground
- False inducement Crime is committed by Crime is committed by
making an arrest not failing to deliver such
 Not necessary that the victim be placed in an
authorized by law persons to the proper
enclosure, as long as he is deprived, in any manner, judicial authority within a
of his liberty certain period of time
- Restraint need not to be permanent one degree) – if the offender:
 Detention must be illegal. Detention is illegal when a. Voluntarily releases the person so kidnapped or
not ordered by competent authority or not detained within three days from the
permitted by law. commencement of the detention;
 It is essential in the crime of illegal detention that b. Without having attained the purpose intended; and
there be actual confinement or restriction of the c. Before the institution of criminal proceedings
person of the offended party. against him.
 Detention for more than 3 days is not necessary  Voluntary release is not a privileged mitigating
when: circumstance if the victim is woman, because the
 Offender simulated public authority detention would then be punished under Article 267.
 When serious physical injuries were Voluntary release is not mitigating under that article.
inflicted
 When threats to kill him were made ART 269 UNLAWFUL ARREST
 When victim is a minor, female or public
officer 1. Offender arrests or detains another person;
 Special Complex Crime of Kidnapping with murder – 2. The purpose of the offender is to deliver him to the
when the victim is killed or dies as a consequence of proper authorities;
the detention, the maximum penalty (death) shall 3. The arrest or detention is not authorized by law or there
be imposed. is no reasonable ground therefor.
 Where the victim is taken from one place to another
Illegal detention Arbitrary detention  The offender is any person, whether a public officer or a
Committed by a private Committed by a public private individual
individual, who unlawfully officer or employee, who  If the private person arrests without reasonable ground
deprives a person of his detains a person without therefore and the purpose is to deliver the person to
liberty legal ground proper authorities, he is liable under this article
Crime against personal Crime against the  If the public officer has no authority to arrest and detain
liberty fundamental laws of the a person, or if he did not act in his official capacity, he
state should be punished for unlawful arrest under this article.
solely for the purpose of killing him, the crime
committed is murder. ART 270. KIDNAPPING AND FAILURE TO RETURN A
 Maximum penalty is imposed in the ff. cases: MINOR
Elements:  If the minor consents to the offender’s retaining his
services, there is no violation of this article
1. Offender is entrusted with the custody of a minor person  The existence of an indebtedness constitutes no legal
(whether over or under seven years but less than 21 justification for holding a person and depriving him of
years of age); his freedom to live where he wills.
2. He deliberately fails to restore the said minor to his
parents or guardians. ART 274. SERVICES RENDERED UNDER COMPLUSION IN
PAYMENT OF DEBT
 What is punished is the deliberate failure of the
custodian of the minor to restore the latter to his parents Elements:
or guardians.
 When the crime is committed by the father or mother of 1. Offender compels a debtor to work for him, either as
the minor, the penalty is arresto mayor or a fine not household servant or farm laborer;
exceeding 300 pesos or both. 2. It is against the debtor’s will;
 Kidnapping and failure to return a minor under Art 270 is 3. The purpose is to require or enforce the payment of a
necessarily included in Kidnapping and Serious Illegal debt.
Detention of Minor under Par 4 Art 267
 It is necessary that the purpose of the offender is to  If person is required to work as office janitor to enforce
separate permanently the minor from his parents or payment of debit, is there a violation of this article
guardian No, this article specifically provides that the debtor
be compelled to work as a household servant or
Article 270 Article 267
Offender is entrusted with the The offender is not entrusted
ART 271. INDUCING A MINOR TO ABANDON HIS HOME custody of the minor with the custody of the minor
farm laborer
Elements:  The debtor himself is the one compelled to work for the
offender
1. A minor (whether over or under seven years of age) is
living in the home of his parents or guardians or the
person entrusted with his custody; CRIMES AGAINST SECURITY
2. Offender induces said minor to abandon such home.
ART. 275 ABANDONMENT OF PERSONS IN DANGER
 The inducement must be actual, committed with AND ABANDONMENT OF ONE’S OWN VICTIM
criminal intent, and determined by a will to cause
damage. Acts punishable:
 It is not necessary that the minor actually abandons 1. Failing to render assistance to any person whom the
his home, as long as there is inducement. offender finds in an uninhabited place wounded or in
 The minor should not leave his home of his own free danger of dying when he can render such assistance
will. without detriment to himself, unless such omission shall
 Father or mother may commit this crime (as well as constitute a more serious offense.
Article 270), if the parents are living separately and
custody has been given to one of them. Elements:

ART 272. SLAVERY a. The place is not inhabited;

b. Accused found there a person wounded or in danger
Elements: of dying;
c. Accused can render assistance without detriment to
1. Offender purchases, sells, kidnaps or detains a human himself;
being; d. Accused fails to render assistance.
2. The purpose of the offender is to enslave such human
being. 2. Failing to help or render assistance to another whom the
offender has accidentally wounded or injured;
 If the purpose of the offender is to assign the offended 3. By failing to deliver a child, under seven years of age,
party to some immoral traffic (prostitution), the penalty is whom the offender has found abandoned, to the
higher. authorities or to his family, or by failing to take him to a
 Differentiated from kidnapping: If the purpose is to safe place.
enslave the victim, the crime is slavery; otherwise the
crime is kidnapping or illegal detention.  If a person intentionally wounds another and leaves him
in an uninhabited place, he shall not be liable under this
ART 273 EXPLOITATION OF CHILD LABOR article because be did not FIND him wounded or in danger
of dying
Elements:  It applies only when someone “accidentally” injured by
the accused
1. Offender retains a minor in his services;  Under the third way, It is immaterial that the offender
2. It is against the will of the minor; did not know that the child is under seven years.
3. It is under the pretext of reimbursing himself of a debt  The child under seven must be found by the accused in
incurred by an ascendant, guardian or person entrusted an unsafe place.
with the custody of such minor.
ART 276. ABANDONING A MINOR
Elements:
 Obligation to educate children terminates, if the mother
1. Offender has the custody of a child;
2. The child is under seven years of age; Article 276 Article 277
3. He abandons such child; The custody of the The custody of the
offender is stated in offender is specific, that is,
4. He has no intent to kill the child when the latter is
general the custody for the rearing
abandoned. or education of the minor
The minor is under 7 years The minor is under 21 years
 When there is intent to kill, this article does not apply. of age of age
 His purpose in abandoning the minor is to avoid the Minor is abandoned in such The minor is delivered to a
obligation of taking care of the minor as way as to deprive him of public institution or other
 Intent to kill cannot be presumed from the death of the the care and protection person
child. that his tender years need
-It is applicable only to crimes against persons and and children refuse without good reason to live with the
not to crimes against security. accused.
 A permanent, conscious and deliberate abandonment is  Failure to give education must be due to deliberate
required. There must be an interruption of the care and desire to evade such obligation. If the parents cannot
protection the minor needs by reason of his age. give education because they had no means to do so,
 Parents guilty of abandonment shall be deprived of their then they will not be liable under this article.
parental authority.
ART 278. EXPLOITATION OF MINORS
Circumstances qualifying the offense:
Acts punishable:
1. When the death of the minor resulted from such
1. Causing any boy or girl under 16 years of age to perform
Exploitation of minors (par. 5) Inducing a minor to abandon any dangerous feat of balancing, physical strength or
his home contortion, the offender being any person;
Purpose of inducing minor is to No such purpose 2. Employing children under 16 years of age who are not
abandon home is to follow any
person engaged in any of the the children or descendants of the offender in
callings of being an acrobat, exhibitions of acrobat, gymnast, rope-walker, diver, or
gymnast, etc. wild-animal tamer, the offender being an acrobat, etc.,
Minor under 16 years of age Minor under 21 years of age or circus manager or engaged in a similar calling;
abandonment; or 3. Employing any descendant under 12 years of age in
2. If the life of the minor was in danger because of the dangerous exhibitions enumerated in the next preceding
abandonment. paragraph, the offender being engaged in any of the said
callings;
4. Delivering a child under 16 years of age gratuitously to
ART 277. ABANDONMENT OF MINOR BY PERSON any person following any of the callings enumerated in
ENTRUSTED WITH HIS CUSTODY; INDIFFERENCE OF paragraph 2, or to any habitual vagrant or beggar, the
PARENTS offender being an ascendant, guardian, teacher or
person entrusted in any capacity with the care of such
Acts punishable: child; and
5. Inducing any child under 16 years of age to abandon the
1. Delivering a minor to a public institution or other persons home of its ascendants, guardians, curators or teachers
without the consent of the one who entrusted such to follow any person engaged in any of the callings
minor to the care of the offender or, in the absence of mentioned in paragraph 2 or to accompany any habitual
that one, without the consent of the proper authorities; vagrant or beggar, the offender being any person.

Elements:
Qualifying Circumstances:
a. Offender has charge of the rearing or education of a
minor; If the delivery of the child to any person ff. any of the callings
b. He delivers said minor to a public institution or other of:
persons; and  Acrobat, gymnast, rope walker, diver wild animal
c. The one who entrusted such child to the offender tamer or circus manager
has not consented to such act; or if the one who  Any habitual vagrant or beggar is made in
entrusted such child to the offender is absent, the consideration of any price or compensation or
proper authorities have not consented to it. promise

 The offender shall be deprived of parental authority or

2. Neglecting his (offender’s) children by not giving them guardianship.
the education which their station in life requires and  Exploitation of minors refers to acts endangering the life
financial condition permits. or safety of the minor.

Elements: ART 279. ADDITIONAL PENALTIES FOR OTHER

OFFENSES
a. Offender is a parent;
b. He neglects his children by not giving them  The imposition of the penalties prescribed in the
education; and preceding articles shall not prevent the imposition upon
His station in life requires such education and his financial
condition permits it.
 the same person of the penalty provided for any other amounting to a crime and demanding money or
felonies defined and punished by the RPC. imposing any other condition, even though not unlawful,
and the offender attained his purpose;

ART 280. QUALIFIED TRESPASS TO DWELLING Elements:

Elements: a. The offender threatens another person with the

infliction upon the latter’s person, honor or
1. Offender is a private person; property, or upon that of the latter’s family, of any
2. He enters the dwelling of another; wrong;
3. Such entrance is against the latter’s will b. Such wrong amounts to a crime;
c. There is a demand for money or that any other
“Implied prohibition” condition is imposed, even though not unlawful;
there is implied prohibition when the owner told the d. The offender attains his purpose.
accused to wait in the open porch and then closed the door
behind him (Gabriel v People) 2. Making such threat without the offender attaining his
 Prohibition is implied in entrance through a window purpose;
3. Threatening another with the infliction upon his person,
Trespass by means of violence: honor or property or that of his family of any wrong
1. Pushing the door violently and maltreating the amounting to a crime, the threat not being subject to a
occupants after entering condition.
2. Cutting of a ribbon or string with which the door Elements:
latch of a closed room was fastened. The cutting of a. That the offender threatens another person with
fastenings of the door was an act of violence. the infliction upon the latter’s person, honor or
property or upon that the latter’s family of any
wrong
b. That such wrong amounts to a crime
c. That the threat is not subject to a condition

Trespass by means of intimidation:  The essence of the crime of threats is intimidation; i.e.
1. Firing a revolver in the air by persons attempting to the promise of some future harm or injury.
force the way into the house  Not necessary that the wrong threatened to be inflicted
2. The flourishing of a bolo against inmates of the must amount to any of the crimes against persons,
house upon gaining entrance honor or property. Law requires that the wrong must be
UPON the person, honor or property.
 All trespassers ordinarily have the intention to commit  As the crime consists in threatening another with some
another crime, but if there is no overt act of the crime future harm, it is not necessary that the offended party
intended. Crime is only trespass to dwelling was present at the time the threats were made. It is
sufficient that the threats, came to the knowledge of the
Cases to which the provisions of this article is not applicable: offended party.
 The crime of grave threats is consummated as soon as
1. When the purpose of the entrance is to prevent serious the threats come to the knowledge of the person
harm to himself, the occupant or third persons; threatened.
2. When the purpose of the offender in entering is to  Threats made in connection with the commission of
render some service to humanity or justice; other crimes are absorbed by the latter.
3. Anyone who shall enter cafes, taverns, inns and other  The offender in grave threats does not demand the
public houses while they are open. delivery on the spot of the money or other personal
property demanded by him. When threats are made and
money is taken on the spot, the crime may be robbery
ART 281. OTHER FORMS OF TRESPASS with intimidation.
 The penalties for the first two types of grave threats
Elements: depend upon the penalties for the crimes threatened to
be committed. One degree lower if the purpose is
1. Offender enters the closed premises or the fenced estate attained, and two degrees lower if the purpose is not
of another; attained.
2. The entrance is made while either of them is  If the threat is not subject to a condition, the penalty is
uninhabited; fixed at arresto mayor and a fine not exceeding 500
3. The prohibition to enter is manifest; and pesos.
4. The trespasser has not secured the permission of the  In the first two types, if the threat is made in writing or
owner or the caretaker thereof. thorough a middleman, the penalty is to be imposed in
its maximum period.
Premises signify a distinct and definite locality. This may  The third type of grave threats must be serious and
include a room, shop, building or definite area. deliberate; the offender must persist in the idea involved
in his threats. The threat should not be made in the heat
ART 282. GRAVE THREATS of anger, because such is punished under Article 285.
 If the condition is not proved, it is grave threats of the
Acts punishable: third type.

1. Threatening another with the infliction upon his person, ART 283. LIGHT THREATS
honor or property or that of this family of any wrong
Elements:
Acts punishable:
1. Offender makes a threat to commit a wrong;
2. The wrong does not constitute a crime; 1. Preventing another, by means of violence, threats or
3. There is a demand for money or that other condition is intimidation, from doing something not prohibited by
imposed, even though not unlawful; and law; and
4. Offender has attained his purpose or, that he has not 2. Compelling another, by means of violence, threats or
attained his purpose. intimidation, to do something against his will, whether it
be right or wrong
 Light threats are committed in the same manner as
grave threats, except that the act threatened to be Elements
committed should not be a crime.
 Blackmailing may be punished under this article. 1. A person prevented another from doing something not
prohibited by law, or that he compelled him to do
ART 284. BOND FOR GOOD BEHAVIOR something against his will; be it right or wrong;
2. The prevention or compulsion be effected by violence,
threats or intimidation; and
In what cases may a person be required to give bail not to 3. The person that restrained the will and liberty of another
molest another? had not the authority of law or the right to do so, or in
other words, that the restraint shall not be made under
1. When he threatens another under Article 282. authority of law or in the exercise of any lawful right.
2. When he threatens another under Article 283.
 The purpose of the law in penalizing coercion and unjust
Bond for good behavior Bond to keep the peace vexation is to enforce the principle that no person may
Applicable only to grave Not made applicable to any take the law into his hands, and that our government is
threats and light threats particular case one of law, not of men.
If offender fails to give bail, If the offender fails to give  In grave coercion, the act of preventing by force must be
he shall be sentenced to bond, he shall be detained made at the time the offended party was doing or about
destierro for a period not exceeding
to do the act to be prevented. If the act was already
6 months (if prosecuted for
grave/less grave felony) or done when violence is exerted, the crime is unjust
not exceeding 30 days vexation.
(light felony)  Instances when the act of preventing another is classified
NOT a distinct penalty A distinct penalty as another crime:
o A public officer preventing by means of violence or
threats the ceremonies or manifestations of any
ART 285. OTHER LIGHT THREATS religion is guilty of interruption of religious worship
(Art. 132)
Acts punishable: o Any person who, by force, prevents the meeting of a
legislative body (Art. 143)
1. Threatening another with a weapon, or by drawing such o Any person who shall use force or intimidation to
weapon in a quarrel, unless it be in lawful self-defense; prevent any member of Congress from attending
2. Orally threatening another, in the heat of anger, with the meetings thereof, expressing his opinions, or
some harm constituting a crime, without persisting in casting his vote (Art. 145)
the idea involved in his threat;  Compelling another to do something includes the
3. Orally threatening to do another any harm not offender’s act of doing it himself while subjecting
constituting a felony. another to his will.
 A person who is in actual possession of a thing, even if he
 Under the first type, the subsequent acts of the offender has no right to that possession, cannot be compelled by
must show that he did not persist in the idea involved in means of violence to give up the possession, even by the
his threat. owner himself. This will amount to grave coercion.
 Threats which are ordinarily grave threats, if made in the  Note however that an owner and actual possessor a
heat of anger, may be other light threats. property has a right to use such force was may be
 If the threats are directed to a person who is absent and reasonably necessary to prevent another from
uttered in a temporary fit of anger, the offense is only dispossessing him of his property.
other light threats.  Instances when the act of compelling is another offense:
o A public officer not authorized by law who compels
Other light threats Grave threats a person to change his residence (Art. 127)
(second type) (third type)
o Kidnapping a debtor to compel him to pay his debt
Harm threatened to be committed is a crime
Threat is not deliberate (made Threat is deliberate
(kidnapping for ransom under Art. 267)
in the heat of anger)  The crime is not grave coercion when the violence is
employed to seize anything not belonging to the debtor
of the offender. This is light coercion under Article 287.
 Surrounding the victim in a notoriously threatening
Other light threats Light threats attitude is sufficient to constitute intimidation.
(third type)  The force or violence must be immediate, actual or
Harm threatened to be committed is not a crime imminent.
There is NO demand for There is demand for money, or
money, or other condition other condition imposed
 The owner of a thing has no right to prevent interference
imposed with it when interference is necessary to avert greater
damage.
ART 286. GRAVE COERCIONS
 There is no grave coercion when the accused acts in a. Offender is any person, agent or officer of any
good faith in the performance of duty. association or corporation;
 Coercion is consummated even if the offended party did b. He or such firm or corporation has employed
not accede to the purpose of the coercion. (MEL – this is laborers or employees;
doubtful, please check) c. He forces or compels, directly or indirectly, or
 A higher penalty (prision mayor) is imposed if the knowingly permits to be forced or compelled, any of
coercion is committed: his or its laborers or employees to purchase
o In violation of the exercise of the right of suffrage; merchandise or commodities of any kind from him
o To compel another to perform any religious act. or from said firm or corporation.

2. Paying the wages due his laborer or employee by means

Grave coercion Illegal Detention of tokens or object other than the legal tender currency
There is no clear There must be actual of the Philippines, unless expressly requested by such
deprivation of liberty confinement or restraint laborer or employee.
on the person of the
victim Elements:

Grave coercion Maltreatment of a. Offender pays the wages due a laborer or employee
(compelling a person to prisoner employed by him by means of tokens or object;
confess/give info) b. Those tokens or objects are other than the legal
The offended party is The offended party is a tender currency of the Philippines;
NOT a prisoner prisoner c. Such employee or laborer does not expressly
request that he be paid by means of tokens or
ART 287. LIGHT COERCIONS objects.

Elements:  As a general rule, laborers and employees have the right

to receive just wages in legal tender.
1. Offender must be a creditor;  Inducing an employee to give up part of his wages by
2. He seizes anything belonging to his debtor: force, stealth, intimidation, threat or by any other means
3. The seizure of the thing be accomplished by means of is not punished under the RPC, but under Article 116 of
violence or a display of material force producing the Labor Code.
intimidation;
4. The purpose of the offender is to apply the same to the Article 289. Formation, maintenance, and prohibition of
payment of the debt. combination of capital or labor through violence or threats

 The seized property must be applied to the PAYMENT of Elements:

the debt, not merely as SECURITY for the debt.
 Taking possession of the thing belonging to the debtor, 1. Offender employs violence or threats, in such a degree
through deceit and misrepresentation, for the purpose of as to compel or force the laborers or employers in the
applying the same to the payment of the debt, is unjust free and legal exercise of their industry or work;
vexation under the second paragraph of this article. 2. The purpose is to organize, maintain or prevent
 Actual physical violence not necessary, grave coalitions of capital or labor, strike of laborers or lockout
intimidation is sufficient. of employers.

Unjust vexation (other light coercion, second paragraph)  The act should not be a more serious offense under the
RPC. For example, if death or other serious physical
 Includes any human conduct which, although not injuries are caused, the act should be punished as such
productive of some physical or material harm, would, and not under this Article.
however, unjustly annoy or vex an innocent person. The  Peaceful picketing is not prohibited, it is a valid exercise
act must cause annoyance, irritation, vexation, torment, of freedom of speech.
distress or disturbance.  Employing violence or making threat by picketers may
 There is no violence or intimidation in unjust vexation. make them liable for coercion.
 Examples: kissing a girl (despite her objections, of  Preventing employees from joining any registered labor
course!) organization is punished under the Labor Code, not
 When the first and third elements of grave coercion are under the RPC.
present, but the second element (violence, threats or
intimidation) is absent, the crime is unjust vexation.
Article 290. Discovering secrets through seizure of
correspondence
ART 288. OTHER SIMILAR COERCIONS
Elements:
Acts punishable:
1. Offender is a private individual or even a public officer
1. Forcing or compelling, directly or indirectly, or knowingly not in the exercise of his official function;
permitting the forcing or compelling of the laborer or 2. He seizes the papers or letters of another;
employee of the offender to purchase merchandise of 3. The purpose is to discover the secrets of such another
commodities of any kind from him; person;
4. Offender is informed of the contents of the papers or
Elements: letters seized.
 To seize means to place in the control of someone a
thing or to give him the possession thereof. It is not
necessary that there be force or violence.
 Prejudice is not an element of the offense.
 When the offender reveals the contents of such paper or
letters of another to a third person, the penalty is higher.
Thus, revealing the secret is not an element of the
offense, it only qualifies the offense.
 This article is not applicable to:
o parents, guardians or persons entrusted with the
custody of minors with respect to papers or letters
of the children or minors placed under their care or
custody;
o spouses with respect to the papers or letters of
either of them.
 Unlawful opening of mail matter by an officer or
employee of the Bureau of Posts is punished under the
Administrative Code.

Discovering secrets Revealing secrets

(Art. 290) (Art. 230)
Offender is a private Offender is a public officer
individual, or public officer
not in exercise of official
function
The offender SEIZES the The offender COMES TO
papers or letters KNOW of the secrets of the
private individual by reason
of his office. Not necessary
that the secrets are
contained in papers/letters
The purpose of the The offender reveals such
offender is to discover the secrets without justifiable
secrets of another, reason.
revelation to another is not
an element of the crime

Article 291. Revealing secrets with abuse of office

Elements:

1. Offender is a manager, employee or servant;

2. He learns the secrets of his principal or master in such
capacity;
3. He reveals such secrets.

 Secrets must be learned by reason of their employment.

 The secrets must be revealed by the offender.
 Prejudice/damage is not necessary under this Article.

Article 292. Revealing of industrial secrets

Elements:

1. Offender is a person in charge, employee or workman of

a manufacturing or industrial establishment;
2. The manufacturing or industrial establishment has a
secret of the industry which the offender has learned;
3. Offender reveals such secrets;
4. Prejudice is caused to the owner.

 Secrets must relate to manufacturing processes.

 The act constituting the crime is revealing the secret of
the industry of employer.
 The revelation of the secret might be made after the
employee or workman had ceased to be connected with
the establishment.
 Prejudice is an element of the offense.