Mentally incapable definition

Mentally incapable means suffering from a mental disease or defect that renders the person incapable of understanding the nature or consequences of the person's conduct, including the potential for harm to that person. Alaska Stat. § 11.41.470. A person is incapable of appreciating or understanding nature and consequences of act of sexual penetration, for purposes of determining whether that person is “mentally incapable” of consenting, where person does not have capacity to understand full range of ordinary and foreseeable social, medical, and practical consequences that the act entails. Jackson v. State, 890 P.2d 587 (Alaska Ct. App. 1995).Does developmental disability and/or mental incapacity impact the victim’s ability to consent?Yes, a victim can be incapable of consent by reason of mental disorder, mental defect, drugs, alcohol, sleep or any other similar impairment of cognition as long as such condition is known or should have reasonably been known to the defendant. Arizona Revised Statute § 13-1401(A)(7)(b).
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Mentally incapable means suffering from a mental disease or defect that renders the person incapable of understanding the nature or consequences of the person's conduct, including the potential for harm to that person;
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Mentally incapable means that a person suffers from a mental disease or defect that renders that person temporarily or permanently incapable of appraising the nature of his or her conduct.
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More Definitions of Mentally incapable

Mentally incapable has the meaning given to it in section 94 of the Protection of Personal and Property Rights Act 1988.
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Mentally incapable means suffering from a mental disease or defect that renders the person incapable of understanding the nature or consequences of the person’s conduct, including
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Mentally incapable means suffering from a mental disease or defect that renders the person incapable of understanding the nature or consequences of the person's conduct, including the potential for harm to that person. Alaska Stat. § 11.41.470. A person is incapable of appreciating or understanding nature and consequences of act of sexual penetration, for purposes of determining whether that person is “mentally incapable” of consenting, where person does not have capacity to understand full range of ordinary and foreseeable social, medical, and practical consequences that the act entails. Jackson v. State, 890 P.2d 587 (Alaska Ct. App. 1995).Two minors: The following constitutes sexual abuse of a minor in the first degree: A person 16 years of age or older engaging in sexual penetration with a person who is under 13 years of age. Alaska Stat. § 11.41.434(a)(1).The following constitutes sexualabuse of a minor in the second degree: A person 16 years of age or older engaging in sexualcontact with a person under 13 years of age, or if such partner is younger than 16, there is at least four years age difference. Alaska Stat. § 11.41.436(a)(1) (2).A person 16 years of age or older aids, induces, causes, or encourages a person who is under 16 years of age to engage in conduct amounting to the unlawful exploitation of a minor, including lewd touching, masturbation, bestiality or lewd exhibition as described in Alaska Stat. 11.41.455(a)(2)-(6). Alaska Stat.§ 11.41.436(a)(4).Arizona^18 years old, or 15 years old if the defendant is under 19, attending high school or is no more than two years older than the victim. Arizona Revised Statute § 13-1405(A), 13-1407(E).Yes, a victim can be incapable of consent by reason of mental disorder, mental defect, drugs, alcohol, sleep or any other similar impairment of cognition as long as such condition is known or should have reasonably been known to the defendant. Arizona Revised Statute § 13-1401(A)(7)(b).
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Mentally incapable means that a person suffers from a mental disease or defect that renders that person temporarily or permanently incapable of appraising the nature of his or her conduct. Mich. Comp.Laws. Ann. § 750.520a(j).
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Related to Mentally incapable

  • 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).

  • Mentally ill means having a mental illness.

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

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

  • 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.

  • Incapable means mentally incapable, and “incapacity” has a corresponding meaning; (“incapable”, “incapacité”)

  • 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.

  • Acutely mentally ill means a condition which is limited to

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

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

  • 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. §

  • 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.

  • Permanently Disabled means a person who meets the definition in Iowa Code section 483A.4.

  • Totally and Permanently Disabled means a person as defined in 42 U.S.C. section 416.

  • Incapacitated means, (i) as to any individual who is a Partner, death, total physical disability or entry by a court of competent jurisdiction adjudicating such Partner incompetent to manage his or her Person or 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 or limited liability company which is a Partner, the dissolution and commencement of winding up of the partnership or limited liability company, (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 under any bankruptcy, insolvency or other similar law now or hereafter in effect has not been dismissed within one hundred twenty (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 ninety (90) days of such appointment or (h) an appointment referred to in clause (g) is not vacated within ninety (90) days after the expiration of any such stay.

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

  • 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.

  • Seriously disabled means a person with severe physical or sensory disabilities.

  • 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.

  • Mental disorder means any organic, mental, or emotional

  • Physical disability means a severe, chronic condition that is attributable to a physical impairment that results in substantial limitations of physical functioning in three or more of the following areas of major life activities: self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, and economic self-sufficiency.

  • Intellectually Disabled means a disability that is characterized by significantly below average general cognitive functioning existing concurrently with deficits in adaptive behavior; manifested during the developmental period that adversely affects a student's educational performance and is characterized by one of the following:

  • 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.

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

  • Permanent and Total Disability means any medically determinable physical or mental impairment rendering an individual unable to engage in any substantial gainful activity, which disability can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.

  • Permanent total disability means incapacity because of accidental injury or occupational disease to earn any wages in any employment for which the employee may become physically suited and reasonably fitted by education, training or experience, including vocational rehabilitation; loss of both hands, or both feet, or both legs, or both eyes, or any two thereof, shall constitute permanent total disability;