The term "consent" means the affirmative, unambiguous and voluntary agreement to engage in a specific sexual activity during a sexual encounter which can be revoked at any time. Consent cannot be:
1. Given by an individual who:
a.is asleep or is mentally or physically incapacitated either through the effect of drugs or alcohol or for any other reason, or
b.is under duress, threat, coercion or force; or
2. Inferred under circumstances in which consent is not clear including, but not limited to:
a.the absence of an individual saying "no" or "stop", or
b.the existence of a prior or current relationship or sexual activity.
Added by Laws 2016, c. 349, § 4, emerg. eff. June 6, 2016.
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