1. It is an element of the offenses described in sections 565.110 to 565.130 that the confinement, movement or restraint be committed without the consent of the victim.
2. Lack of consent results from:
(1) Forcible compulsion; or
(2) Incapacity to consent.
3. A person is deemed incapable of consent if he is:
(1) Less than fourteen years of age; or
(2) Incapacitated.