22-22-1.5. Definitions.

Terms used in this chapter mean:

(1)    "Consent," a person's positive cooperation in act or attitude pursuant to the person's exercise of free will;

(2)    "Force," the use of physical effort sufficient to overcome, restrain, injure, or prevent escape;

(3)    "Mental incapacity," a mental or developmental disease or disability that renders a person incapable of appraising the nature of the person's conduct; and

(4)    "Physical incapacity," a person's incapability of resisting because the person is unconscious, asleep, or is subject to another physical condition that prevents the person from giving consent or resisting.

Source: SL 2023, ch 71, § 1.