Capacity to Consent

Model Sexual Assault Code

Acknowledgments

General Definitions

Consent Capacity to Consent Forcible Compulsion Sexual Contact Sexual Penetration Sexually Explicit Conduct

Mens Rea Provisions

Intentionally Knowingly Recklessly Prescribed Culpability Requirement Applies to All Material Elements. Substitutes for Recklessness and Knowledge. Requirement of Purpose Satisfied if Purpose Is Conditional. Requirement of Knowledge Satisfied by Knowledge of High Probability.

Sexual Assault Aggravated Sexual Assault Sexual Assault Based on Abuse of Position Sexual Assault Based on Deception Criminal Sexual Conduct with Minors Incest Sexually Explicit Conduct in Public Abusive Sexual Exposure Abusive Sexual Conduct Abusive Sexual Conduct Involving Ejaculate, Vaginal Fluid, or other Bodily Fluid or Substance Nonconsensual Ingestion of Ejaculate, Vaginal Fluid, or other Bodily Fluid or Substance Abusive Sexual Conduct Involving Animals Sexual Torture Unlawful Child Marriage

Visual Depiction Digital Forgery Identifiable Individual Image-Based Nudity Image-Based Sexually Explicit Conduct Promote Transmits or Posts

Image-Based Sexual Abuse Voyeurism/Unlawful Surveillance

Voluntary Transmission of the Image(s) to the Actor is No Defense Law Enforcement, Medical Treatment, and Legal Proceedings Defense Reasonable Expectation of Privacy

Mistake of Fact as to Age is Not a Defense Voluntary Intoxication or Drugged Condition is Not a Defense Ignorance of Law is Not a Defense

Human Trafficking Sex Offender Registration and Notification Act (SORNA) Female Genital Mutilation

Contact AEquitas for Related Resources

Capacity to Consent

A person lacks the capacity to give consent under any of the following circumstances:

the person is asleep, or in a state of impaired consciousness, or is unconscious. This includes a person in a state of intermittent consciousness.
the person has one or more mental or physical health conditions, injuries, or disabilities, whether temporary or permanent, that causes them to be unable to express consent, withdraw consent, and/or understand and appraise the consequences of the sexual contact or penetration.
the person is under the influence of any alcoholic beverage, anesthetic, hazardous inhalant, controlled substance, controlled substance analog, other drug, or other intoxicating substance, or any combination thereof, that causes them to be unable to express consent, withdraw consent, and/or understand and appraise the consequences of the sexual contact or penetration.
the person is under the age of 16.

Consent Forcible Compulsion