Mental incapacity definition

Mental incapacity means that condition of the complaining witness existing at the time of an offense under this article which prevents the complaining witness from understanding the nature or consequences of the sexual act involved in such offense and about which the accused knew or should have known.
Mental incapacity means that condition of a person existing at the time which prevents the person from understanding the nature or consequences of the sexual act involved (the who, what, when, where, why, and how) and about which the accused knew or should have known. This includes incapacitation by using drugs or alcohol. Intoxication is not synonymous with incapacitation.
Mental incapacity. (精神上無行為能力) means:

Examples of Mental incapacity in a sentence

  • Factors negativing guilty intention: Mental incapacity: Minority.

  • Mental incapacity shall be proven by qualified medical opinion, and not based on the Complainant’s unskilled observations or general averments.

  • Mental incapacity does not constitute an illness or injury that would authorize this procedure.

  • Mental incapacity, unwillingness or language barriers precluding adequate understanding or cooperation.

  • Mental incapacity whether the loss or claim results directly or indirectly from any mental incapacity.


More Definitions of Mental incapacity

Mental incapacity means a person who has a mental illness within the meaning of section 8 of the
Mental incapacity means, in relation to a person, incapacity by reason of a mental condition to manage and administer the person’s affairs;
Mental incapacity means that condition of the complaining witness existing at the time of an
Mental incapacity means that condition of the complaining witness existing at the time of an offense under this article which
Mental incapacity means the inability of a person to look after his or her own health, safety or welfare or to manage his or her own affairs, as a result of
Mental incapacity means the mental incapacitation of an Associate, as determined by a court of competent jurisdiction, and shall include untreated addictions;
Mental incapacity. , or “mentally incapable” means in relation to any person, that the person is incapable by reason of mental disorder of managing and administering his property and affairs;