Without consent definition

Without consent means any of the following:The defendant compelled the victim to submit by an act of coercion as defined in §§ 791 and 792, or by force, by gesture, or by threat of death, physical injury, pain or kidnapping to be inflicted upon the victim or a third party, or by any other means which would compel a reasonable person under the circumstances to submit. The victim need resist only to the extent that it is reasonably necessary to make the victim’s refusal to consent known to the defendant, unless such resistance would be futile or foolhardy.The defendant knew the victim was unconscious, asleep or otherwise unaware that a sexual act was being performed.The defendant knew the victim suffered from a cognitive disability, mental illness or mental defect which rendered the victim incapable of appraising the nature of the sexual conduct or incapable of consenting. Where the defendant is a health professional, or a minister, priest, rabbi or other member of a religious organization engaged in pastoral counseling, the commission of acts of sexual contact, sexual penetration or sexual intercourse by such person shall be deemed to be without consent of the victim where such acts are committed under the guise of providing professional diagnosis, counseling or treatment and where at the times of such acts the victim reasonably believed the acts were for medically or professionally appropriate diagnosis, counseling or treatment, such that resistance by the victim could not reasonably have been manifested.The defendant had substantially impaired the victim’s power to appraise or control the victim’s own conduct by administering or employing without the other person’s knowledge or against the other person’s will, drugs, intoxicants or other means for the purpose of preventing resistance.Note: “health professional” includes all individuals who are licensed or who hold themselves out to be licensedor who otherwise provide professional physical or mental health services, diagnosis, treatment or counseling and shall include, but not be limited to, doctors of medicine and osteopathy, dentists, nurses, physical therapists, chiropractors, psychologists, social workers, medical technicians, mental health counselors, substance abuse counselors, marriage and family counselors or therapists and hypnotherapists. 11 Delaware Code § 761. How is consent defined?

Without consent means no consent in fact or that consent is given for one of the following reasons:

Without consent means no consent in fact or that con- sent is given for one of the following reasons:

Examples of Without consent in a sentence

• Without consent of any Holder of a Security, the parties thereto may amend or supplement the Indenture to, among other things, cure any ambiguity or omission, to correct any defect or inconsistency, or to make any other change that does not adversely affect the rights of any Holder of a Security.

• Without consent of the Board of Directors, a membership voting list may not be obtained or used by any person for any purpose unrelated to a member’s interest as a member.

• Without consent of the parties, this agreement cannot be assigned to any third party.

• Without consent of any Holder, the parties thereto may amend or supplement the Indenture or the Notes to, among other things, cure any ambiguity, defect or inconsistency, provide for uncertificated Notes in addition to or in place of certificated Notes, or comply with Article Five of the Indenture or make any other change that does not adversely affect in any material respect the rights of any Holder of a Note.

• Without consent of any Holder of a Note, the parties thereto may amend or supplement the Indenture to, among other things, cure any ambiguity or omission, to correct any defect or inconsistency, or to make any other change that does not adversely affect the rights of any Holder of a Note.

More Definitions of Without consent

Without consent means that a person

Without consent means an act performed: (a) without the knowing, voluntary and clear agreement by all parties to participate in the specific act; or (b) when a person who is a party to the act is incapacitated by drugs or alcohol; unconscious; or pressured through physical force, coercion or explicit or implied threats to participate in the act.

Without consent means the defendant compelled the victim to submit by any act of coercion as defined in §§ 791 and 792 of this title 11 of the Delaware Criminal Code, or by force, by gesture, or by threat of death, physical injury, pain or kidnapping to be inflicted upon the victim or a third party, or by any other means which would compel a reasonable person under the circumstances to submit. It is not required that the victim resist such force or threat to the utmost, or to resist if resistance would be futile or foolhardy, but the victim need resist only to the extent that it is reasonably necessary to make the victim's refusal to consent known to the defendant; or

Without consent means without the prior written consent of the Bank.

Without consent means that the taking or confinement is accomplished by force, threat, or deception, or, in the case of a person under 16 years of age or who is otherwise incapable of giving consent, that the taking or confinement is accomplished without the consent of the lawful custodian of the person.

Without consent means that an act was committed either by threat, coercion, force, or intimidation, or through the manipulation of the victim’s mental or physical ability such as when the victim is physically or mentally incapacitated by alcohol or other drugs. One who is incapacitated as a result of alcohol or other drug consumption (voluntary or involuntary), or who is unconscious, unaware, or oth- erwise unable or under the legal age to provide consent, is incapable of giving consent.

Without consent as used here, means that there was no consent in fact or that consent was given by Annie Lemberger because of fear caused by the defendant's use or threat of imminent use of physical violence on Annie Lemberger, on another person in the presence of Annie Lemberger, or on a member of Annie Lemberger’s immediate family.