Mentally disabled definition

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.
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.

Examples of Mentally disabled in a sentence

  • Please click here for further information. Mentally disabled persons cannot give consent to a sexual activity if they cannot appreciate the fact, nature, or extent of the sexual situation in which they find themselves. Physically incapacitated persons.

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

  • 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.

  • Mentally disabled living with family members receive little assistance from the state.


More Definitions of Mentally disabled

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 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, defect or condition which renders him or her incapable of appraising the nature of the conduct constituting the taking, obtaining or withholding of his or her property.
Mentally disabled means (i) a victim who suffers from mental retardation, or
Mentally disabled means that a person suffers from a mental disease or defect which renders him or her incapable
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).Yes. A person is guilty of first degree sexual assault if he or she engages in sexual penetration with another person, and if the accused, not being the spouse, knows or has reason to know that the victim is physically helpless, which includes unconsciousness. R.I. Gen. Laws §11-37-2(1). A person is guilty of second degree sexual assault if he or she engages in sexual contact with another person and the accused knows or has reason to know that the victim is mentally incapacitated, mentally disabled, or physically helpless. R.I. Gen. Laws § 11-37-4. Yes. A person is guilty of first degree sexual assault if he or she engages in sexual penetration with another person, and if the accused, not being the spouse, knows or has reason to know that the victim is mentally incapacitated, including due to the influence of a narcotic, anesthetic, or other substance administered to that person without his or her consent. R.I. Gen. Laws § 11-37-1(5); 11-37-2(1).A person is guilty of second degree sexual assault if he or she engages in sexual contact with another person and the accused knows or has reason to know that the victim is mentally incapacitated, including due to the influence of a narcotic, anesthetic, or other substance administered to that person without his or her consent. R.I. Gen. Laws § 11-37-4; 11-37-2(1). Yes. A person cannot be charged with first degree sexual assault if he or she is accused of sexual assault of their spouse. R.I. Gen. Laws § 11-37-2. Yes. A person is guilty of criminal sexual conduct in the first degree if the actor engages in sexual battery with the victim and the actor causes the victim, without the victim's consent, to become mentally incapacitated or physically helpless by administering, distributing, dispensing, delivering, or causing to be administered, distributed, dispensed, or delivered a controlled substance, a controlled substance analogue, or any intoxicating substance. S.C. Code Ann.§ 16-3-652(1)(c). Yes. A person is guilty of criminal sexual conduct in the third degree if the actor engages in sexual battery with the victim and the actor knows or has reason to know that the victim is physically helpless, which includes unconsciousness. S.C. Code Ann. §16-3-654(1)(b). Yes. A person is guilty of criminal sexual conduct if the actor engages in sexual battery with the victim and the ac...