SDCL § 22-22-1.5: Definitions.

Terms used in this chapter mean:

(1) "Consent," a person's positive cooperation in act or attitude pursuant to the person's exercise of free will;

(2) "Force," the use of physical effort sufficient to overcome, restrain, injure, or prevent escape;

(3) "Mental incapacity," a mental or developmental disease or disability that renders a person incapable of appraising the nature of the person's conduct; and

(4) "Physical incapacity," a person's incapability of resisting because the person is unconscious, asleep, or is subject to another physical condition that prevents the person from giving consent or resisting.