Found 48 matches for incapacitated by alcohol
"Actor" means a person accused of criminal sexual conduct.
"Force" means the infliction, attempted infliction, or threatened infliction by Next the actor of bodily harm or commission or threat of any other crime Previous by Next the actor against the complainant or another, which (a) causes the complainant to reasonably believe that the actor has the present ability to execute the threat and (b) if the actor does not have a significant relationship to the complainant, also causes the complainant to submit.
(a) "Consent" means words or overt actions Previous by Next a person indicating a freely given present agreement to perform a particular sexual act with the actor. Consent does not mean the existence of a prior or current social relationship between the actor and the complainant or that the complainant failed to resist a particular sexual act.
(c) Corroboration of the victim's testimony is not required to show lack of consent.
"Intimate parts" includes the primary genital area, groin, inner thigh, buttocks, or breast of a human being.
"Mentally impaired" means that a person, as a result of inadequately developed or impaired intelligence or a substantial psychiatric disorder of thought or mood, lacks the judgment to give a reasoned consent to sexual contact or to sexual penetration.
"Mentally Previous incapacitated Next " means that a person under the influence of Previous alcohol Next , a narcotic, anesthetic, or any other substance, administered to that person without the person's agreement, lacks the judgment to give a reasoned consent to sexual contact or sexual penetration.
"Personal injury" means bodily harm as defined in section 609.02, subdivision 7, or severe mental anguish or pregnancy.
"Physically helpless" means that a person is (a) asleep or not conscious, (b) unable to withhold consent or to withdraw consent because of a physical condition, or (c) unable to communicate nonconsent and the condition is known or reasonably should have been known to the actor.
"Position of authority" includes but is not limited to any person who is a parent or acting in the place of a parent and charged with any of a parent's rights, duties or responsibilities to a child, or a person who is charged with any duty or responsibility for the health, welfare, or supervision of a child, either independently or through another, no matter how brief, at the time of the act. For the purposes of subdivision 11, "position of authority" includes a psychotherapist.
(a) "Sexual contact," for the purposes of sections 609.343, subdivision 1, clauses (a) to (f), and 609.345, subdivision 1, clauses (a) to (e), and (h) to (o), includes any of the following acts committed without the complainant's consent, except in those cases where consent is not a defense, and committed with sexual or aggressive intent:
(ii) the touching Previous by Next the complainant of the actor's, the complainant's, or another's intimate parts effected Previous by Next a person in a position of authority, or Previous by Next coercion, or Previous by Next inducement if the complainant is under 13 years of age or mentally impaired, or
(iv) in any of the cases above, the touching of the clothing covering the immediate area of the intimate parts, or
(b) "Sexual contact," for the purposes of sections 609.343, subdivision 1, clauses (g) and (h), and 609.345, subdivision 1, clauses (f) and (g), includes any of the following acts committed with sexual or aggressive intent:
(iv) in any of the cases listed above, touching of the clothing covering the immediate area of the intimate parts; or
(c) "Sexual contact with a person under 13" means the intentional touching of the complainant's bare genitals or anal opening Previous by Next the actor's bare genitals or anal opening with sexual or aggressive intent or the touching Previous by Next the complainant's bare genitals or anal opening of the actor's or another's bare genitals or anal opening with sexual or aggressive intent.
"Sexual penetration" means any of the following acts committed without the complainant's consent, except in those cases where consent is not a defense, whether or not emission of semen occurs:
(1) sexual intercourse, cunnilingus, fellatio, or anal intercourse; or
(2) any intrusion however slight into the genital or anal openings:
(ii) of the complainant's body Previous by Next any part of the body of the complainant, Previous by Next any part of the body of another person, or Previous by Next any object used Previous by Next the complainant or another person for this purpose, when effected Previous by Next a person in a position of authority, or Previous by Next coercion, or Previous by Next inducement if the child is under 13 years of age or mentally impaired; or
(iii) of the body of the actor or another person Previous by Next any part of the body of the complainant or Previous by Next any object used Previous by Next the complainant for this purpose, when effected Previous by Next a person in a position of authority, or Previous by Next coercion, or Previous by Next inducement if the child is under 13 years of age or mentally impaired.
"Complainant" means a person alleged to have been subjected to criminal sexual conduct, but need not be the person who signs the complaint.
"Coercion" means the use Previous by Next the actor of words or circumstances that cause the complainant reasonably to fear that the actor will inflict bodily harm upon the complainant or another, or the use Previous by Next the actor of confinement, or superior size or strength, against the complainant that causes the complainant to submit to sexual penetration or contact against the complainant's will. Proof of coercion does not require proof of a specific act or threat.
"Significant relationship" means a situation in which the actor is:
(1) the complainant's parent, stepparent, or guardian;
(2) any of the following persons related to the complainant Previous by Next blood, marriage, or adoption: brother, sister, stepbrother, stepsister, first cousin, aunt, uncle, nephew, niece, grandparent, great-grandparent, great-uncle, great-aunt; or
(3) an adult who jointly resides intermittently or regularly in the same dwelling as the complainant and who is not the complainant's spouse.
"Patient" means a person who seeks or obtains psychotherapeutic services.
"Psychotherapist" means a person who is or purports to be a physician, psychologist, nurse, chemical dependency counselor, social worker, marriage and family therapist, licensed professional counselor, or other mental health service provider; or any other person, whether or not licensed Previous by Next the state, who performs or purports to perform psychotherapy.
"Psychotherapy" means the professional treatment, assessment, or counseling of a mental or emotional illness, symptom, or condition.
"Emotionally dependent" means that the nature of the former patient's emotional condition and the nature of the treatment provided Previous by Next the psychotherapist are such that the psychotherapist knows or has reason to know that the former patient is unable to withhold consent to sexual contact or sexual penetration Previous by Next the psychotherapist.
"Therapeutic deception" means a representation Previous by Next a psychotherapist that sexual contact or sexual penetration Previous by Next the psychotherapist is consistent with or part of the patient's treatment.
"Special transportation service" means motor vehicle transportation provided on a regular basis Previous by Next a public or private entity or person that is intended exclusively or primarily to serve individuals who are vulnerable adults or disabled. Special transportation service includes, but is not limited to, service provided Previous by buses, vans, taxis, and volunteers driving private automobiles.
"Predatory crime" means a felony violation of section 609.185 (first-degree murder), 609.19 (second-degree murder), 609.195 (third-degree murder), 609.20 (first-degree manslaughter), 609.205 (second-degree manslaughter), 609.221 (first-degree assault), 609.222 (second-degree assault), 609.223 (third-degree assault), 609.24 (simple robbery), 609.245 (aggravated robbery), 609.25 (kidnapping), 609.255 (false imprisonment), 609.498 (tampering with a witness), 609.561 (first-degree arson), or 609.582, subdivision 1 (first-degree burglary).
1975 c 374 s 2; 1977 c 130 s 8; 1979 c 258 s 9-11; 1981 c 51 s 1; 1982 c 385 s 1; 1982 c 469 s 9; 1984 c 525 s 3; 1984 c 588 s 5,6; 1985 c 24 s 3,4; 1985 c 286 s 14; 1985 c 297 s 1-5; 1986 c 351 s 6,7; 1986 c 444; 1987 c 198 s 1-3; 1987 c 347 art 1 s 22; 1988 c 413 s 1; 1989 c 290 art 4 s 11; 1993 c 326 art 4 s 17-19; 1994 c 636 art 2 s 30-33; 1995 c 226 art 2 s 18; 1998 c 367 art 3 s 5,6; 2001 c 210 s 21; 2002 c 379 art 1 s 106; 2002 c 381 s 1; 2003 c 118 s 22; 2005 c 56 s 1; 2005 c 136 art 2 s 10,11; 2007 c 54 art 2 s 3; 2009 c 59 art 1 s 5; 2010 c 270 s 1; 2013 c 49 s 22