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Consent Defined

Florida’s Definition of Consent

Florida Statute 794.011

  • “Consent” means intelligent, knowing, and voluntary consent and does not include coerced submission. “Consent” shall not be deemed or construed to mean the failure by the alleged victim to offer physical resistance to the offender.

What is Not Consent:

Coerced Submission

  • “Physically incapacitated” means bodily impaired or handicapped and substantially limited in ability to resist or flee.
  • “Physically helpless” means unconscious, asleep, or for any other reason physically unable to communicate unwillingness to an act.
  • “Mentally defective” means a mental disease or defect which renders a person temporarily or permanently incapable of appraising the nature of his or her conduct.
  • “Mentally incapacitated” means temporarily incapable of appraising or controlling a person’s own conduct due to the influence of a narcotic, anesthetic, or intoxicating substance administered without his or her consent or due to any other act committed upon that person without his or her consent.

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