Mentally defective person definition

Mentally defective person means one who suffers from a mental disease, defect or condition which renders that person temporarily or permanently incapable of knowing the nature and quality of his or herconduct. Miss. Code Ann. § 97-3-97(b).Does developmental disability and/or mental incapacity impact the victim’s ability to consent? DoesYes, a person commits the offense of rape in the first degree if he or she has sexual intercourse with anotherdevelopmentalperson who is incapacitated, incapable of consent, or lacks the capacity to consent, or by the use of forcibledisability and/orcompulsion. Mo. Ann. Stat. § 566.030.mental incapacity impact the victim’s ability to consent? DoesYes. “Without consent” means the victim is incapable of consent because the victim is mentally disordered ordevelopmentalincapacitated. Mont. Code Ann. § 45-5-501(1)(b)(i).disability and/or mental incapacity impact the victim’s ability to consent? Yes.Any person who subjects another person to sexual penetration who knew or should have known that the victim was mentally or physically incapable of resisting or appraising the nature of his or her conduct is guilty of sexual assault in the first degree. Neb. Rev. Stat. §28-319(1)(b).Any person who subjects another person to sexual contact who knew or should have known that the victim was mentally or physically incapable of resisting or appraising the nature of his or her conduct is guilty of sexual assault in either the second degree or third degree. Neb. Rev. Stat. §28-320(1)(b).Does developmental disability and/or mental incapacity impact the victim’s ability to consent? DoesYes. A person is deemed incapable of consent if he or she is “mentally … incapable of resisting ordevelopmentalunderstanding the nature of his or her conduct.” Nev. Rev. Stat. Ann. § 200.366(1).disability and/or mental incapacity impact the victim’s ability to consent? DoesYes. Except between spouses, a person is deemed unable to consent if he or she has a disability that rendersdevelopmentalhim or her incapable of freely arriving at an independent choice as to whether or not to engage in sexualdisability and/orconduct, and the actor knows or has reason to know that the victim has such a disability. N.H. Rev. Stat. Ann.mental incapacity§ 632-A:2(h).impact the victim’s ability to consent? Does developmental disability and/or mental incapacity impact the victim’s ability to consent?Yes. The following are deemed to be without the lawful consent of the victim:(1) when the victim is prevented f...
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Mentally defective person means a person with a defect in mental development at birth, or at an early age, and which is of such a degree that he is incapable of caring for himself or managing his affairs and requires supervision, care, training, control or custody for his own welfare or for the welfare of others
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Mentally defective person means ally person who, swing
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More Definitions of Mentally defective person

Mentally defective person means a person who, owingto his mental condition, requires oversight, care, or control for his own good or in the public interest, and
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Mentally defective person means one who suffers from a mental disease, defect or condition which renders that person temporarily or permanently incapable of knowing the nature and quality of his or her conduct. Miss. Code Ann. §97-3-97(b). Yes, a person is guilty of sexual battery if he or she engages in sexual penetration with a physically helpless person, which includes a person that is unconscious. Miss. Code Ann. § 97-3-95.
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Mentally defective person means a person who, owing to his mental condition requires oversight, care, or control for his own good or in the public interest, and who, according to the nature of his mental defect, and to the degree of care, oversight, or control deemed to be necessary, is included in one of the following classes:--
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Related to Mentally defective person

  • 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. S.C. Code Ann. §

  • 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. S.C. Code Ann. § 16-3-651(f).

  • Medically incapacitated means a person who is incapacitated as a result of prescribed sedatives, anesthesia, or other medication.

  • Developmentally disabled person means a person who has a disability defined in RCW 71A.10.020. RCW 26.44.020

  • 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.

  • Mental, Nervous or Psychological Disorder means a mental or nervous health condition including, but not limited to: anxiety, depression, neurosis, phobia, psychosis; or any related physical manifestation.

  • Physically incapacitated means that a person has a bodily impairment or handicap that substantially limits the person’s ability to resist or flee.

  • Incapacitated means, (i) as to any individual Partner, death, total physical disability or entry by a court of competent jurisdiction adjudicating him or her incompetent to manage his or her Person or his or her estate; (ii) as to any corporation which is a Partner, the filing of a certificate of dissolution, or its equivalent, for the corporation or the revocation of its charter; (iii) as to any partnership which is a Partner, the dissolution and commencement of winding up of the partnership; (iv) as to any estate which is a Partner, the distribution by the fiduciary of the estate’s entire interest in the Partnership; (v) as to any trustee of a trust which is a Partner, the termination of the trust (but not the substitution of a new trustee); or (vi) as to any Partner, the bankruptcy of such Partner. For purposes of this definition, bankruptcy of a Partner shall be deemed to have occurred when (a) the Partner commences a voluntary proceeding seeking liquidation, reorganization or other relief under any bankruptcy, insolvency or other similar law now or hereafter in effect, (b) the Partner is adjudged as bankrupt or insolvent, or a final and nonappealable order for relief under any bankruptcy, insolvency or similar law now or hereafter in effect has been entered against the Partner, (c) the Partner executes and delivers a general assignment for the benefit of the Partner’s creditors, (d) the Partner files an answer or other pleading admitting or failing to contest the material allegations of a petition filed against the Partner in any proceeding of the nature described in clause (b) above, (e) the Partner seeks, consents to or acquiesces in the appointment of a trustee, receiver or liquidator for the Partner or for all or any substantial part of the Partner’s properties, (f) any proceeding seeking liquidation, reorganization or other relief of or against such Partner under any bankruptcy, insolvency or other similar law now or hereafter in effect has not been dismissed within 120 days after the commencement thereof, (g) the appointment without the Partner’s consent or acquiescence of a trustee, receiver or liquidator has not been vacated or stayed within 90 days of such appointment, or (h) an appointment referred to in clause (g) is not vacated within 90 days after the expiration of any such stay.

  • Mental disorder means any organic, mental, or emotional

  • Incapacitated person means any infant, lunatic, idiot or insane person;

  • Incompetent person means a person who has been adjudged

  • Totally Disabled means that because of an injury or illness:

  • Incapacitated individual means an individual who is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause, not including minority, to the extent of lacking sufficient understanding or capacity to make or communicate informed decisions.

  • Permanently and totally disabled means the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than twelve months as established by a certificate from a licensed physician.

  • Disabled means a grantee who (i) is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than 12 months, or (ii) is, by reason of any medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than 12 months, receiving income replacement benefits for a period of not less than three months under an accident and health plan covering employees of the Company or its Subsidiaries.

  • Incompetent means an individual who is incapable of taking care of the individual’s self or property because of a mental or physical illness or disability, mental retardation, or senility.

  • Mentally ill means having a mental illness.

  • Permanently Disabled means the inability of the Employee, by reason of injury, illness or other similar cause, to perform a major part of his duties and responsibilities in connection with the conduct of the business and affairs of the Company, as determined reasonably and in good faith by the Company.

  • Eligible Crisis or Emergency means an event that has caused, or is likely to imminently cause, a major adverse economic and/or social impact to the Recipient, associated with a natural or man-made crisis or disaster.

  • Reconstructive breast surgery means surgery performed as a result of a mastectomy to reestablish symmetry between the two breasts and includes augmentation mammoplasty, reductive mammoplasty, and mastopexy.

  • disabled person means an individual receiving monetary

  • Incapacitation means the state of being unable to physically or mentally make informed rational judgments and effectively communicate, and may include unconsciousness, sleep, or blackouts, and may result from the use of alcohol or other drugs. Where alcohol or other drugs are involved, evaluation of incapacitation requires an assessment of how the consumption of alcohol or drugs affects a person’s decision-making ability; awareness of consequences; ability to make informed, rational judgments; capacity to appreciate the nature and quality of the act; or level of consciousness. The assessment is based on objectively and reasonably apparent indications of incapacitation when viewed from the perspective of a sober, reasonable person.

  • Gravely disabled means a condition in which a person, as a

  • Elderly person means a person 60 years of age or

  • Interdicted person means a person to whom the sale, offer for sale, or

  • Permanent Incapacity as used herein shall mean mental or physical incapacity, or both, reasonably determined by the Company's Board of Directors based upon a certification of such incapacity by, in the discretion of the Company's Board of Directors, either Executive's regularly attending physician or a duly licensed physician selected by the Company's Board of Directors, rendering Executive unable to perform substantially all of his duties hereunder and which appears reasonably certain to continue for at least six consecutive months without substantial improvement. Executive shall be deemed to have "become permanently incapacitated" on the date the Company's Board of Directors has determined that Executive is permanently incapacitated and so notifies Executive.