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    Research 101

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    James Myth
    1. The crime of acts lasciviousness has three elements: 1) committing an act of lasciviousness or lewdness, 2) using force/intimidation or when the victim is unconscious/under 12, and 3) the victim is another person. 2. Criminal intent refers to the state of mind during a crime and includes purposeful, knowing, reckless, or negligent acts. Criminal intent is necessary for prosecution and distinguishes criminal acts from accidental acts. 3. An offense necessarily included is a less serious crime that is inherently committed during a greater crime because it shares the same elements, and the greater crime cannot be proven without proving the lesser crime, such as tres

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    Research 101

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    1. The crime of acts lasciviousness has three elements: 1) committing an act of lasciviousness or lewdness, 2) using force/intimidation or when the victim is unconscious/under 12, and 3) the victim is another person. 2. Criminal intent refers to the state of mind during a crime and includes purposeful, knowing, reckless, or negligent acts. Criminal intent is necessary for prosecution and distinguishes criminal acts from accidental acts. 3. An offense necessarily included is a less serious crime that is inherently committed during a greater crime because it shares the same elements, and the greater crime cannot be proven without proving the lesser crime, such as tres

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    1. The crime of acts lasciviousness has three elements: 1) committing an act of lasciviousness or lewdness, 2) using force/intimidation or when the victim is unconscious/under 12, and 3) the victim is another person. 2. Criminal intent refers to the state of mind during a crime and includes purposeful, knowing, reckless, or negligent acts. Criminal intent is necessary for prosecution and distinguishes criminal acts from accidental acts. 3. An offense necessarily included is a less serious crime that is inherently committed during a greater crime because it shares the same elements, and the greater crime cannot be proven without proving the lesser crime, such as tres

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    11 views2 pages

    Research 101

    Uploaded by

    James Myth
    1. The crime of acts lasciviousness has three elements: 1) committing an act of lasciviousness or lewdness, 2) using force/intimidation or when the victim is unconscious/under 12, and 3) the victim is another person. 2. Criminal intent refers to the state of mind during a crime and includes purposeful, knowing, reckless, or negligent acts. Criminal intent is necessary for prosecution and distinguishes criminal acts from accidental acts. 3. An offense necessarily included is a less serious crime that is inherently committed during a greater crime because it shares the same elements, and the greater crime cannot be proven without proving the lesser crime, such as tres

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    © All Rights Reserved
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    of 2

    1.

    The elements of the crime of acts lasciviousness are: (1) that the
    offender commits any act of lasciviousness or lewdness; (2) that it is
    done: (a) by using force and 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) that the offended
    party is another person of either sex.

    2. Criminal intent, referred to in the legal world as “mens rea,” refers to


    an individual’s state of mind at the time he committed a crime. Those
    with criminal intent are fully aware of what they are about to do and
    the consequences that their actions can have. For instance, if Paul
    thinks up a plan for how he is going to murder his wife, and then he
    fatally shoots her, Paul is operating with criminal intent because he
    knows that murder is wrong, yet he plans the act, and ultimately
    commits it anyway.

    Criminal intent can be classified as one of four different kinds of acts:


    purposeful, knowing, reckless, and negligent. Criminal acts that are
    done purposefully are those that are carried out by someone who is
    fully aware of the consequences his actions can cause, such as the
    murder example provided above. Criminal intent is a necessary
    component in prosecuting a crime. If criminal intent does not exist,
    then it stands to reason that the crime that was committed cannot
    possibly be considered criminal in nature.

    3. Offense necessarily included

    A less serious crime that is necessarily committed during the


    perpetration of a greater crime because the lesser crime contains
    some of the same elements of the greater crime. The greater crime
    cannot be proven unless all of the elements of the lesser crime are
    proven. For example, trespassing is a lesser included offense of the
    crime of burglary. See, e.g. Carter v. United States, 530 U.S. 255
    (2000).

    4. Unjust Vexation

    PEOPLE OF THE PHILIPPINES v. SALVINO SUMINGWA ([G.R.


    NO. 183619 : October 13, 2009)

    Criminal Case No. 1655 for Unjust Vexation

    Appellant was charged with Unjust Vexation, defined and penalized


    by Article 287 of the RPC, which reads:

    ART. 287. Light coercions. - Any person who, by means of violence,


    shall seize anything belonging to his debtor for the purpose of
    applying the same to the payment of the debt, shall suffer the penalty
    of arresto mayor in its minimum period and a fine equivalent to the
    value of the thing, but in no case less than 75 pesos.

    Any other coercion or unjust vexation shall be punished by arresto


    menor or a fine ranging from 5 to 200 pesos, or both.

    The second paragraph of this provision is broad enough to include


    any human conduct that, although not productive of some physical
    or material harm, could unjustifiably annoy or vex an innocent
    person. The paramount question to be considered is whether the
    offender's act caused annoyance, irritation, torment, distress, or
    disturbance to the mind of the person to whom it was directed.

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