The Model Penal Code’s definition of “Consent” has been reviewed and approved by ALI’s Council.

The approved text, posted below, includes slight edits to the previous black letter suggested by Council or by ALI member Kate Stith, who presented the motion at the 2016 Annual Meeting, and agreed to by the Reporters.

This text represents the position of the Institute and may be used and cited as such.  If you would like to take a closer look at the revisions made to the motion text, please view the redlined versions of the document.

Section 213.0 Definitions

(3) “Consent”

(a) “Consent” for purposes of Article 213 means a person’s willingness to engage in a specific act of sexual penetration or sexual contact.

(b) Consent may be express or it may be inferred from behavior—both action and inaction—in the context of all the circumstances.

(c) Neither verbal nor physical resistance is required to establish that consent is lacking, but their absence may be considered, in the context of all the circumstances, in determining whether there was consent.

(d) Notwithstanding subsection (3)(b) of this Section, consent is ineffective when it occurs in circumstances described in Sections [reserved].

(e) Consent may be revoked or withdrawn any time before or during the act of sexual penetration or sexual contact. A clear verbal refusal—such as “No,” “Stop,” or “Don’t”— establishes the lack of consent or the revocation or withdrawal of previous consent. Lack of consent or revocation or withdrawal of consent may be overridden by subsequent consent.

Redlined version – Approved text compared to the version approved at the 2016 Annual Meeting

Redlined version – Approved text compared to version presented to the Council at the October 2016 meeting