Document (1)
Document (1)
Acts Punished
1. Rape through sexual intercourse without consent of the woman:
(Traditional Rape)
ELEMENTS
a. Offender is a man;
b. Offender had carnal knowledge of a woman;
c. Such act is accomplished under any of the
following circumstances:
i. By using force, threat or intimidation;
ii. When the woman is deprived of reason or is otherwise unconscious;
iii. By means of fraudulent machination or grave abuse of authority;
iv. When the woman is under 12 years of age (Statutory Rape) or is
demented, even though none of the circumstances mentioned above
are present
ELEMENTS:
a. That there be taking of personal property;
b. That said property belongs to another;
c. That the taking be done with intent to gain;
d. That the taking be done without the consent of
the owner;
e. That the taking be accomplished without the use
of violence against or intimidation of persons or force upon things.
ELEMENTS:
a. That the offender commits any act of lasciviousness of lewdness.
b. That the act of lasciviousness is committed against a person of
either sex.
c. That it is done under any of the following circumstances:
i. By using force or intimidation; or
ii. When the offended party is deprived of
reason or otherwise unconscious;
iii. By means of fraudulent machination or grave abuse of authority;
iv. When the offended party is under 12 years of age or is demented.
DEFINITION:
Where the person kidnapped or detained is a minor and the accused is
any of his parents, there is no crime of kidnapping.
ELEMENTS:
a. Offender is a private individual;
b.He kidnaps or detains another, or in any other
manner deprives the latter of his liberty;
c.The act of detention or kidnapping must be
illegal;
d.In the commission of the offense, any of the following circumstances*
is present (becomes serious):
i. The kidnapping lasts for more than 3 days;
ii. it is committed simulating public authority;
iii. Any serious physical injuries are inflicted upon the person
kidnapped or detained or threats to kill him are made; or
iv. The person kidnapped or detained is a minor (except if parent
is the offender), female, or a public officer