§ 3254 — Trial procedure; consent

In a prosecution for a crime defined in this chapter or section 2601 of this title:
(1) Lack of consent may be shown without proof of resistance.
(2) Submission resulting from the use of force, threat of force, or placing another person in fear does not constitute consent.
(3) Consent shall not be demonstrated by evidence prohibited under section 3255 of this title.
(4) A sleeping or unconscious person cannot consent.
(5) A person shall be deemed to have acted without the consent of the other person where the actor:
(A) knew or reasonably should have known that the other person was incapable of consenting to the sexual act or lewd and lascivious conduct;
(B) knew or reasonably should have known that the other person was unaware that a sexual act or lewd and lascivious conduct was being committed; or
(C) knew or reasonably should have known that the other person was incapable of consenting to the sexual act or lewd and lascivious conduct with the actor because the person was substantially impaired by alcohol, drugs, or other intoxicants. (Added 1977, No. 51, § 1; amended 1993, No. 100, § 13; 2013, No. 96 (Adj. Sess.), § 57; 2021, No. 68, § 3.)