Criminal Law, 2019 Bar — Question A.3

ESSAY

Mr. O, a 75-year-old retiree who has been a widower for the last ten (10) years, believed that, at past 70, he is licensed to engage in voyeurism to satisfy his lustful desires. If not peeping into his neighbors' room through his powerful single-cylinder telescope, he would trail young, shapely girls along the hallways and corridors of shopping malls. While going up the escalator, he stayed a step behind a mini-skirted, 20-year-old girl, and in the heat of the moment, put his hand on her left buttock and massaged it. The girl screamed and hollered for help. Mr. O was thus apprehended and charged with Acts of Lasciviousness under Article 336 of the Revised Penal Code. Mr. O's counsel, however, claimed that Mr. O should only be charged with the crime of Unjust Vexation. Is the contention of Mr. O's counsel tenable? Explain. (2.5%)

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