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All Jurisprudence based

0 tracked cards Criminal Law

Xian, 34, uses a private social-network app to contact Aya, 15, who lives with her grandmother. He offers PHP 220,000 for sex with Aya and provides his contact details to confirm arrangements. They agree to meet at the old lighthouse parking lot; Xian travels there with the money and intends to pay Aya and accompany her to a private villa for sexual activity. A local fisherman overhears and reports the plan to authorities before any sexual act occurs. He is charged with Attempt to Commit Child Prostitution under Sec. 6, RA 7610. (a) Identify the governing doctrine and essential elements of an attempt to commit child prostitution. (b) Distinguish whether Xian’s acts constitute mere preparation or an overt act toward the execution. (c) Apply the doctrine to the facts and determine Xian’s liability for attempted child prostitution; discuss the likely penalties and any potential defenses.

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The acts are an unequivocal overt act toward the crime because traveling to the meeting place with money and planning to take Aya to a private villa are direct steps toward consummating the offense; Xian is liable for attempted child prostitution under Sec. 6 RA 7610; Penalties and possible defenses follow as provided for the attempted offense. The acts amount to conspiracy to commit child prostitution since there were steps toward arranging the sexual act; Conspiracy requires two or more persons and there is only one actor here, so this is not the proper charge. The governing doctrine is Article 6 of the Revised Penal Code on attempts; essential elements include (i) intent to commit child prostitution, (ii) overt acts beyond mere preparation, and (iii) acts that are proximate to the commission; Xian’s travel to the lighthouse with money and his plan to pay and accompany Aya to a private villa constitute an overt act; He is liable for attempted child prostitution; Penalties are as provided for the attempted offense under RA 7610 Sec. 6; No defenses apply on these facts. The Fisherman’s report prior to any contact breaks the chain of acts and negates any attempt; Thus there is no liability for attempted child prostitution.

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