Mentally disabled definition

Mentally disabled means that a person suffers from a mental disease or defect which renders him or her incapable of appraising the nature of his or her conduct.
Mentally disabled means a “person who has a mental impairment which renders that person incapable of appraising the nature of the act.” R.I. Gen Laws § 11-37-1(4). Does developmental disability and/or mental incapacity impact the victim’s ability to consent?Yes. A person is guilty of criminal sexual conduct if the actor engages in sexual battery with the victim and the actor knows or has reason to know that the victim is mentally defective, mentally incapacitated, or physically helpless and aggravated force or aggravated coercion was not used to accomplish sexual battery. S.C. Code Ann. § 16-3-654(1)(b).“Mentally defective” means that a “person suffers from a mental disease or defect which renders the person temporarily or permanently incapable of appraising the nature of his or her conduct.” “Mentally incapacitated” means that a “person is rendered temporarily incapable of appraising or controlling his or her conduct whether this condition is produced by illness, defect, the influence of a substance or from some other cause.”“Physically helpless” means that a “person is unconscious, asleep, or for any other reason physically unable to communicate unwillingness to an act.” S.C. Code Ann. § 16-3-651(e)-(g). DoesYes, a person can be deemed incapable of consenting to sexual contact because of mental incapacity. S.D.developmentalCode §22-22-7.2.disability and/or mental incapacity impact the victim’s ability to consent? Does developmental disability and/or mental incapacity impact the victim’s ability to consent?Yes, it is aggravated sexual assault to commit an act of sexual penetration with a person that the actor knew or should have known was intellectually or mentally incapacitated, or has a mental disease or defect which renders the victim temporarily or permanently incapable of understanding the nature of his conduct, including, but not limited to, being incapable of providing consent. N.J. Stat. Ann. § 2C:14-2(a)(7).Consent is ineffective if:
Mentally disabled means that a person suffers from a mental disease or defect which renders him or her incapable of appraising the nature of his or her conduct. New York Penal Law §130.00(5). “Mentally incapacitated” means a person that is rendered temporarily incapable of appraising or controlling his conduct owing to the influence of a narcotic or intoxicating substance administered to him without his consent, or to any other act committed upon him without his consent. New York Penal Law §130.00(6).Does developmental disability and/or mental incapacity impact the victim’s ability to consent? Does developmental disability and/or mental incapacity impact the victim’s ability to consent?Yes, it is a crime to engage in sexual activity with a mentally disabled person or a mentally incapacitated person when the person performing the act knows or should have reasonably known the other person was mentally disabled or mentally incapacitated. North Carolina General Statutes Annotated §14-27.22;§14-27.27; §14-27.33.“Mentally disabled” means:(i) a victim who suffers from mental retardation; or(ii) a victim who suffers from a mental disorder, either of which temporarily or permanently renders the victim substantially incapable of appraising the nature of his or her conduct, or of resisting the act of vaginal intercourse or a sexual act, or of communicating unwillingness to submit to the act of vaginal intercourse or a sexual act. North Carolina General Statutes Annotated §14-27.20. “Mentally incapacitated” means a victim who due to any act committed upon the victim is rendered substantially incapable of either appraising the nature of his or her conduct, or resisting the act of vaginal intercourse or a sexual act. North Carolina General Statutes Annotated §14-27.20.Does developmental disability and/or mental incapacity impact the victim’s ability toYes.A person who engages in a sexual act with another, or who causes another to engage in a sexual act, is guilty of an offense if that person knows or has reasonable cause to believe that the other person suffers from a mental disease or defect which renders him or her incapable of understanding the nature of his or her conduct. N.D. Century Code Chapter 12.1-20-03(1)(e).consent?A person who knowingly has sexual contact with another person, or who causes another person to have sexual contact with that person, is guilty of sexual assault if that person knows or has reasonable cause to believe that the other person suffers from a mental dise...

Examples of Mentally disabled in a sentence

  • Mentally disabled persons, if their disability was reasonably known to a sexual partner who is not mentally disabled; or,3.

  • Forty‑five days prior to any primary, except municipal primaries, each political party holding a primary may submit to the county board of voter registration and elections a list of prospective managers for each precinct.

  • Mentally disabled persons cannot give effective consent to sexual activity.

  • Mentally disabled persons, if their disability was reasonably knowable to a sexual partner who is not mentally disabled.

  • P a g e Consent may never be given by: ▪ Minors (statutory rape) – in Oregon that is any party under the age of 18 ▪ Mentally disabled persons ▪ Physically incapacitated persons ▪ Individuals who as a result of alcohol or other drug consumption (voluntary or involuntary), or who is unconscious, unaware or otherwise physically helpless Consent may be withdrawn by any party at any time.


More Definitions of Mentally disabled

Mentally disabled means a victim who suffers from mental retardation, or a victim who suffers from a mental disorder, either of which temporarily or permanently renders the victim substantially incapable of appraising the nature of his or her conduct, or of resisting the act of vaginal intercourse or a sexual act, or of communicating unwillingness to submit to the act of vaginal intercourse or a sexual act.
Mentally disabled means any person: a) who is diagnosed with a psychiatric disorder and is receiving disability benefits from federal or state government; or b) who is deemed to have a comparable long-term mentally disabling condition by a qualified professional, such as a licensed psychiatrist, psychologist, or clinical social worker, who attests that, by reason of this impairment, the person is unable to perform life roles in at least one of the major domains of living, working, learning, or socializing.
Mentally disabled for the purpose of this Act means a condition, as defined by the Americans with Disabilities Act, that is: (1) a mental impairment that substantially limits one or more major life activities of an individual; (2) a record of such an impairment; or (3) being regarded as having such an impairment.
Mentally disabled as used in this section means that a parent or parents suffer a mental incapacity or disorder that renders the parent or parents unable to care for and control the child adequately.
Mentally disabled means that a person suffers from a mental disease or defect which renders him or her incapable
Mentally disabled means that a person has a mental illness, is mentally retarded, or has a developmental disability.
Mentally disabled means a person having a mental disability as defined in section 1.03 of the mental hygiene law.