Intentional touching, either directly or through clothing, of the genitalia of any person, with intent to abuse or gratify sexual desire falls under the definition of "lascivious conduct"[29] under Section 2 (h) of the rules and regulations of R.A. No. 7610. As such, Aycardo's act of touching AAA's vagina after forcibly removing her shorts and panties, and trying to insert his finger into it, satisfies the first element of acts of lasciviousness under Article 336 of the RPC, in relation to Section 5(b) of R.A. No. 7610.
SOURCE: SUPREME COURT DECISION, An Excerpt
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