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All Jurisprudence based

0 tracked cards Criminal Law

A 32-year-old private art instructor invites his 17-year-old student to a private studio after a group session to review her portfolio. In the studio, he unbuttons her blouse to expose her chest, touches her breasts and private parts over her clothes, and orders her to touch him in return. He also records the encounter on his phone. The mother later reports the incident. Advise whether the acts constitute Lascivious Conduct under Republic Act No. 7610, Sec. 5(b).

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Yes; the acts described are lascivious conduct upon a child under 18 by any person, for the purpose of arousing or gratifying sexual desires, and the recording further evidences the offense. Yes; the acts constitute Lascivious Conduct under Sec. 5(b) but only if the offender intended to produce sexual exploitation of the minor; The facts do not show that, so not correct. No; The mere exposure of the chest is not enough, since the child did not engage in sexual activity. No; Lascivious Conduct under Sec. 5(b) requires the offender to administer sexual assault resulting in penetration.

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