South Dakota Codified Laws 22-22-1.5. Definitions
Current as of: 2023 | Check for updates
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Terms used in this chapter mean:
(1) “Consent,” a person‘s positive cooperation in act or attitude pursuant to the person’s exercise of free will;
Terms Used In South Dakota Codified Laws 22-22-1.5
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
(2) “Force,” the use of physical effort sufficient to overcome, restrain, injure, or prevent escape;
(3) “Mental incapacity,” a mental or developmental disease or disability that renders a person incapable of appraising the nature of the person’s conduct; and
(4) “Physical incapacity,” a person’s incapability of resisting because the person is unconscious, asleep, or is subject to another physical condition that prevents the person from giving consent or resisting.
Source: SL 2023, ch 71, § 1.