45-5-501. Definition. (1) As used in 45-5-503, the term "without consent" means:
     (a) the victim is compelled to submit by force against himself or another; or
     (b) the victim is incapable of consent because he is:
     (i) mentally defective or incapacitated;
     (ii) physically helpless; or
     (iii) less than 16 years old.
     (2) As used in subsection (1), the term "force" means:
     (a) the infliction, attempted infliction, or threatened infliction of bodily injury or the commission of a forcible felony by the offender; or
     (b) the threat of substantial retaliatory action that causes the victim to reasonably believe that the offender has the ability to execute the threat.

     History: En. 94-5-501 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 2, Ch. 405, L. 1975; amd. Sec. 15, Ch. 359, L. 1977; R.C.M. 1947, 94-5-501; amd. Sec. 3, Ch. 175, L. 1991; amd. Sec. 1, Ch. 218, L. 1991; amd. Secs. 1, 8, Ch. 687, L. 1991.