46.3530 Lack of consent in kidnapping and crimes involving restraint.

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(a) It is an element of the offenses described in 46.3531 through 46.3533 that the confinement, movement, or restraint be committed without the consent of the victim.

(b) Lack of consent results from:

(1) forcible compulsion; or

(2) incapacity to consent.

(c) A person is considered incapable of consent if he is

(1) less than 14 years old, or

(2) incapacitated.

History: 1979, PL 16-43 § 2.

Research Guide: MCC 565 100, 15 ASC 4801, 15 ASC 4802.