LACK OF CONSENT definition

LACK OF CONSENT means the acts must be committed either by threat, force
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LACK OF CONSENT means the acts must be committed either by threat, force and intimidation or through the use of the victim’s mental or physical inabilities which can include when the victim is physically or mentally incapacitated by alcohol or drugs.
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LACK OF CONSENT means the actor compels the other person to submit or participate by the use of physical force or violence; the actor compels the other person to submit or participate by threat- ening to use force against the other person, and the other person believes that the actor has the present ability to execute the threat; the other person has not consented and the actor knows the other person is unconscious or physically unable to resist; the actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of apraising the nature of the act or of resisting it; the other person has not consented and the actor knows the other person
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Examples of LACK OF CONSENT in a sentence

  • It must be noted that similar to Canada, Australia has only FNEMC | EQUATING A LACK OF CONSENT TO A VETO IS NOT ACCURATE OR HELPFUL AND SHOULD BE DISCOURAGED.

  • In rape LACK OF CONSENT to the sexual act is what makes it an offence.

  • Legal Redress AvailableFor a victim of rape to be successful in prosecuting a case of rape, the most important thing she has to prove is LACK OF CONSENT, that is, that the accused had unlawful carnal knowledge of her without her consent.

  • THE LACK OF CONSENT, ITS WITHDRAWAL AND ENTERING INTO MARRIAGE WITHOUT CONSENT The lack of consent, its withdrawal and entering into marriage without it had some legal consequences.According to Jerome Reich “it was unwise to wed without parental consent”24.

  • The judge to whom a case has been assigned certified for a jury trial under Rule 6 will determine the following motions in accordance with the Superior Court Rules of Civil Procedure, the general order, and any applicable calendar orders: ***** (b) MOTIONS TO BE DECIDED BY THE ASSIGNED JUDGE BASED ON A PARTY’S LACK OF CONSENT TO A MAGISTRATE JUDGE.

  • HE INSURERS FAILED TO PROVE PREJUDICE RELATING TO ANYDEFECTIVE NOTICE OR LACK OF CONSENT TO SETTLE Far from being consistent with the actions of an insurer that has not received notice, the Insurers’ actions instead reflected the Insurers’ predetermined position that a Delaware appraisal action is never covered under any circumstances.

  • NOW, IF YOU WOULD LOOK AT PARAGRAPH 3, 4 AND 5, YOU WOULD FIND THAT I AM REFERRING TO, IN CHAPTER 794 NOW, YOU WOULD FIND THAT THERE ARE NUMEROUS SEXUAL BATTERY OFFENSES, AN ELEMENT OF WHICH IS LACK OF CONSENT.

  • HEREBY CERTIFY that on the 13th day of January, 2017, I filed the foregoing MEMORANDUM OF FMC CORPORATION IN SUPPORT OF MOTION TO DENYENFORCEMENT FOR LACK OF CONSENT JURISDICTION electronically through the CM/ECF system, which caused the following parties or counsel to be served by electronic means, as more fully reflected on the Notice of Electronic Filing: David M.

  • I am here to speak about number five on the agenda, Number 6641, AN ACT CONCERNING THE SEXUAL ASSAULT OF PERSONS WHOSE ABILITY TO COMMUNICATE LACK OF CONSENT IS SUBSTANTIALLY IMPAIRED.

  • The judge to whom a case has been certified for a jury trial under Rule 6 will determine the following motions in accordance with the Superior Court Rules of Civil Procedure, the general order, and any applicable calendar orders: ***** (b) MOTIONS TO BE DECIDED BY THE ASSIGNED JUDGE BASED ON A PARTY’S LACK OF CONSENT TO A MAGISTRATE JUDGE.


More Definitions of LACK OF CONSENT

LACK OF CONSENT means that the victim has not given consent or is incapable of giving consent because of mental, developmental, physical, or legal disability; that the force of violence is used or threatened and is accompanied by apparent power of execution; that the victim is incapable of resisting or giving consent due to intoxication or the influence of drugs; or that the victim did not understand the nature of the act at the time.
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Related to LACK OF CONSENT

  • Authorized Share Approval means approval of the Amendment by the shareholders of the Company.

  • Requisite Shareholder Approval means the affirmative vote of a majority of the outstanding shares of the Preferred Stock and the Common Stock (voting together as a single class) and the affirmative vote of a majority of the outstanding shares of Common Stock (voting separately as a single class), in each case approving the Authorized Shares Amendment.

  • Lender Consent means any lender consent delivered by a Lender on the Closing Date in the form of Exhibit 4.1(a).

  • Requisite Stockholder Approval means the affirmative vote of the holders of a majority of that company’s issued and outstanding shares entitled to vote on the Merger actually voting in favor of this Agreement and the Merger.

  • Additional Stock means any shares of Common Stock issued (or deemed to have been issued pursuant to subsection 4(d)(i)(E)) by this corporation on or after the Filing Date other than:

  • Plan of Conversion has the meaning given such term in Section 14.1.

  • Permitted Preferred Stock means and refers to any Preferred Stock issued by Parent (and not by one or more of its Subsidiaries) that is not Prohibited Preferred Stock.

  • Requisite Consents means all approvals, permissions and consents (whether statutory or otherwise) required from time to time from parties other than the Consultees in respect of the works or activities covered by a Proposal;

  • Special Approval means approval by a majority of the members of the Conflicts Committee.

  • Contribution in aid of construction, as used in this subrule, means a nonrefundable cash payment grossed-up for the income tax effect of such revenue covering the costs of a distribution main extension or service line that are in excess of costs paid by the utility. The amount of tax shall be reduced by the present value of the tax benefits to be obtained by depreciating the property in determining the tax liability.

  • Stockholder Approval means such approval as may be required by the applicable rules and regulations of the Nasdaq Stock Market (or any successor entity) from the stockholders of the Company with respect to issuance of all of the Warrants and the Warrant Shares upon the exercise thereof.

  • Shareholder Approval means such approval as may be required by the applicable rules and regulations of the Nasdaq Capital Market (or any successor entity) from the shareholders of the Company to permit the exercise of the Warrants.

  • Make-Whole Acquisition means the occurrence, prior to any Conversion Date, of one of the following:

  • Stockholder Approval Date means the date on which Stockholder Approval is received and deemed effective under Delaware law.

  • Required Consent has the meaning set forth in Section 4.4.

  • Company Stockholder Approval has the meaning set forth in Section 4.2(b).

  • Affirmative consent means affirmative, conscious, and voluntary agreement to engage in sexual activity.

  • Make-Whole Acquisition Stock Price means the consideration paid per share of Common Stock in a Make-Whole Acquisition. If such consideration consists only of cash, the Make-Whole Acquisition Stock Price shall equal the amount of cash paid per share of Common Stock. If such consideration consists of any property other than cash, the Make-Whole Acquisition Stock Price shall be the average of the Closing Price per share of Common Stock on each of the 10 consecutive Trading Days up to, but not including, the Make-Whole Acquisition Effective Date.

  • Requisite Approval means the affirmative vote of the holders of (a) at least a majority of the outstanding shares of Company Capital Stock, voting together as a single class and (b) at least a majority of the outstanding shares of Series A-1 Preferred Stock, Series B Preferred Stock and Series C Preferred Stock, voting together as a single class on an as-converted basis.

  • Additional Ordinary Shares means Ordinary Shares issued by the Guarantor following the issuance of the Subscribed Ordinary Shares;

  • Conditional approval means a time-limited status that results when an approved nursing education program has failed to maintain requirements as set forth in this chapter.

  • Required Approvals shall have the meaning ascribed to such term in Section 3.1(e).

  • Additional Shares of Common Stock means all shares of Common Stock issued (or, pursuant to Subsection 4.4.3 below, deemed to be issued) by the Corporation after the Original Issue Date, other than (1) the following shares of Common Stock and (2) shares of Common Stock deemed issued pursuant to the following Options and Convertible Securities (clauses (1) and (2), collectively, “Exempted Securities”):

  • Additional Common Stock herein shall mean in the most broadest sense all shares of Common Stock hereafter issued by the Borrower (including, but not limited to Common Stock held in the treasury of the Borrower and common stock purchasable via derivative security or option on the date of such grant ), except Common Stock issued upon the conversion of any of this Convertible Note or Warrant.

  • Partnership Interests shall have the meaning specified in Section 6.3 [Subsidiaries].

  • Required Approval has the meaning specified in Section 2.2(b).