CR10-987                   11/29/01


Definition of “without consent” (i.e. consent of the custodian)

            A person’s custodian is someone who has legal care and control over that person. [An action is without consent if it is accomplished without the custodian’s knowledge and specific permission.] [An action is without consent if the custodian acquiesced in response to force, threat, or deception.  Force means constraining power, compulsion, or strength directed at another, to accomplish an end.  Threat means a declaration of intention or determination to inflict punishment, loss, or pain, on another, or to injure another by the commission of some unlawful act.  Deception is the act of deceiving; it is an intentional misleading by falsehood, spoken or acted.]