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Physically helpless person definition

Physically helpless person means one who is unconscious or one who for any other reason is physically incapable of communicating an unwillingness to engage in an act. Miss. Code Ann. § 97-3-97(d).Does physical disability, incapacity or helplessness impact the victim’s ability to consent?Does physicalYes. “Without consent” means the victim is incapable of consent because the victim is physicallydisability,helpless. Mont. Code Ann. § 45-5-501(1)(b)(ii).incapacity or helplessness impact the victim’s ability to consent? Does physical disability, incapacity or helplessness impact the victim’s ability to consent?Yes.A victim need not resist verbally or physically where it would be useless or futile to do so. Neb. Rev. Stat.§28-318(8)(c).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). Nebraska criminal law is consistent with the legal test for effective consent which examines whether an adult cannot give effective consent because the person suffers from a temporary or permanent abnormality. The abnormality may be an inability to resist or the lack of understanding of the nature of sexual relations. State v. Collins, 7 Neb. App. 187, 197 (1998). Does physicalYes. A person is deemed incapable of consent if he or she is “mentally or physically incapable of resisting ordisability,understanding the nature of his or her conduct.” Nev. Rev. Stat. Ann. § 200.366(1).incapacity or helplessness impact the victim’s ability to consent? Does physicalYes. A person is deemed unable to consent if he or she is physically helpless to resist. N.H. Rev. Stat. Ann. §disability,632-A:2(b).incapacity or helplessness impact the victim’s ability to consent? Yes. A person is guilty of a sex crime if that person engages in a “sexual act/contact/touching” with another person and:
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Related to Physically helpless person

  • Physically helpless means that a person is unconscious or for any other reason is physically unable to communicate unwillingness to an act.

  • Access Person means:

  • Homeless person means the same as defined in Iowa Code section 48A.2.

  • stateless person means any person who does not hold a nationality;

  • Access Persons means any employee, officer, or director (provided that directors may rebut the presumption of access established under Rule 17j-1(a)(1) by way of certification) of the Company. Contractors, interns, and other temporary staff are not generally included; however, we seek separate confidentiality representations from such persons.

  • Non-Access Person means and include:

  • Physically Secure means that access is restricted through physical means to authorized individuals only.

  • Disqualified Non-U.S. Person With respect to a Class R Certificate, any Non-U.S. Person or agent thereof other than (i) a Non-U.S. Person that holds such Class R Certificate in connection with the conduct of a trade or business within the United States and has furnished the transferor and the Certificate Administrator with an effective IRS Form W-8ECI or other prescribed form or (ii) a Non-U.S. Person that has delivered to both the transferor and the Certificate Administrator an Opinion of Counsel of a nationally recognized tax counsel to the effect that the transfer of such Class R Certificate to it is in accordance with the requirements of the Code and the regulations promulgated thereunder and that such transfer of such Class R Certificate will not be disregarded for federal income tax purposes under Treasury Regulations Section 1.860G-3.

  • Other Person means a person who is not a council member or an employee.

  • Business owned by a person with a disability means a business concern that is at least 51% owned by one or more persons with a disability and the management and daily business operations of which are controlled by one or more of the persons with disabilities who own it. A not- for-profit agency for persons with disabilities that is exempt from taxation under Section 501 of the Internal Revenue Code of 1986 is also considered a "business owned by a person with a disability".

  • Cooperative Stock With respect to a Cooperative Loan, the single outstanding class of stock, partnership interest or other ownership instrument in the related Cooperative.

  • Specified US Person means (i) a US citizen or resident individual, (ii) a partnership or

  • Non-U.S. Person means a Person who is not a U.S. Person.

  • person entitled by transmission means a person whose entitlement to a share in consequence of the death or bankruptcy of a member or of any other event giving rise to its transmission by operation of law has been noted in the register;

  • Disqualified Equity Interest means, with respect to any Person, any Equity Interest in such Person that by its terms (or by the terms of any security into which it is convertible or for which it is exchangeable, either mandatorily or at the option of the holder thereof), or upon the happening of any event or condition:

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

  • Permitted Investor means collectively, Energy Capital Partners III, LP, Energy Capital Partners III-A, LP, Energy Capital Partners III-B, LP, Energy Capital Partners III-C, LP, Energy Capital Partners-D, LP, Quantum Strategic Partners and each of their Permitted Transferees (as defined in the Investors Agreement, dated as of March 29, 2018, by and among the Parent and the other signatories thereto).

  • Exempt Irish Investor for the present purposes means:

  • Disqualified Transferee means any Person who is a direct or indirect transferee of any Right from an Acquiring Person or an Affiliate of an Acquiring Person and became such a transferee (x) after the occurrence of a Common Stock Event or (y) prior to or concurrently with the Acquiring Person becoming such and received such Right pursuant to a transfer (whether or not for value) (A) from the Acquiring Person to holders of its Common Stock or other equity securities or to any Person with whom the Acquiring Person has any continuing agreement, arrangement, or understanding (whether or not in writing) regarding the transferred Right, or (B) which a majority of the Board reasonably determines is part of a plan, arrangement, or understanding (whether or not in writing) which has as a primary purpose or effect, the avoidance of Section 7(e) hereof.

  • Deaf person or "person who is deaf" means any person whose hearing is so severely impaired that the person is unable to hear and understand conversational speech through the unaided ear alone, and who must depend primarily on an assistive listening device or visual communication such as writing, lip reading, sign language, and gestures.

  • Qualified Equity Interest means, with respect to any Person, any Equity Interest of such Person that is not a Disqualified Equity Interest.

  • Manufactured in the United States means produced by a process in which the manufacturing, final assembly, processing, packaging, testing, and any other process that adds value, quality, or reliability to assembled articles, materials, or supplies, occur in the United States.

  • Permitted Assignee means (a) with respect to a partnership, its partners or former partners in accordance with their partnership interests, (b) with respect to a corporation, its stockholders in accordance with their interest in the corporation, (c) with respect to a limited liability company, its members or former members in accordance with their interest in the limited liability company, (d) with respect to an individual party, any Family Member of such party, (e) an entity that is controlled by, controls, or is under common control with a transferor, or (f) a party to this Agreement.

  • Qualified Nurse means a person who holds a valid registration from the Nursing Council of India or the Nursing Council of any state in India.

  • Handicapped person means any person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment.

  • Designated family member means any of the following:

Most Referenced Clauses

Most Referenced Definitions