incapable of consenting

(8) Incapable of consenting .— The term “incapable of consenting” means the person is— (A) incapable of appraising the nature of the conduct at issue; or (B) physically incapable of declining participation in, or communicating unwillingess to engage in, the sexual act at issue.


10 USC § 920(g)(8)

Scoping language

In this section
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