incapable of consenting
Defined in 1 place of the United States Code.
Incapable of consenting.—The term "incapable of consenting" means the person is—
(A) incapable of appraising the nature of the conduct at issue; or
(B) physically incapable of declining participation in, or communicating unwillingess to engage in, the sexual act at issue.
Source
- 2018–202610 U.S.C. § 920Armed Forces · Art. 120. Rape, sexual assault, and other sexual misconduct · in this section
The term “incapable of consenting” means the person is—
(A) incapable of appraising the nature of the conduct at issue; or
(B) physically incapable of declining participation in, or communicating unwillingess to engage in, the sexual act at issue.
Source
- 2026–present10 U.S.C. § 920Armed Forces · Art. 120. Rape, sexual assault, and other sexual misconduct · in this section