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46.3111 Definitions.

Cite as [A.S.C.A. § 46.3111]

In this title, unless the context requires a different definition, the following shall apply:

(1) "Affirmative defense" has the meaning specified in 46.3110.

(2) "Burden of injecting the issue" has the meaning specified in 46.3109.

(3) Confinement: a person is in "confinement" when he is held in a place of confinement pursuant to arrest or order of a court, and remains in confinement until:

(A) a court orders his release; or

(B) he is released on bail, bond, or recognizance, personal or otherwise; or

(C) a public servant having the legal power and duty to confine him authorizes his release without guard and without condition that he return to confinement;

(D) a person is not in confinement if:

(i) he is on probation or parole, temporary or otherwise; or

(ii) he is under sentence to serve a term of confinement which is not continuous or is serving a sentence under a work-release program and in either case is not being held in a place of confinement or is not being held under guard by a person having the legal power and duty to transport him to or from a place of confinement.

(4) Consent or lack of consent may be expressed or implied. Assent does not constitute consent if:

(A) it is given by a person who is legally incompetent to authorize the conduct charged to constitute the offense and the incompetence is manifest or known to the actor; or

(B) it is given by a person who by reason of youth, mental disease or defect, or intoxication, is manifestly unable or known by the actor to be unable to make a reasonable judgment as to the nature or harmfulness of the conduct charged to constitute the offense; or

(C) it is induced by force, duress or deception.

(5) "Criminal negligence" has the meaning specified in 46.3202.

(6) Custody: a person is in "custody" when he has been arrested but has not been delivered to a place of confinement.

(7) "Dangerous instrument" means any instrument, article, or substance which, under the circumstances in which it is used, is readily capable of causing death or serious physical injury.

(8) "Dangerous felony" means the felonies of murder, forcible rape, assault, robbery, kidnapping, or the attempt to commit any of these felonies.

(9) "Deadly weapon" means any firearm, loaded or unloaded, or any weapon from which a shot, readily capable of producing death or serious physical injury may be discharged; or switchblade knife, dagger, billy, blackjack, metal knuckles: or rock, bottle or other missile.

(10) "Felony" has the meaning specified in 46.3102.

(11) "Forcible compulsion" means either:

(A) physical force that overcomes reasonable resistance; or

(B) a threat, express or implied, that places a person in reasonable fear of death, serious physical injury or kidnapping of himself or another person.

(12) "Incapacitated" means that physical or mental condition, temporary or permanent, in which a person is unconscious, unable to appraise the nature of his conduct, or unable to communicate unwillingness to an act. A person is not "incapacitated" with respect to an act committed upon him if he became unconscious, unable to appraise the nature of his conduct or unable to communicate unwillingness to an act, after consenting to the act.

(13) "Inhabitable structure" has the meaning specified in 46.4001.

(14) "Infraction" has the meaning specified in 46.3103.

(15) "Knowingly" has the meaning specified in 46.3202.

(16) "Law enforcement officer" means any public servant having the authority to make arrests for violations of the laws of this territory.

(17) "Misdemeanor" has the meaning specified in 46.3102.

(18) "Offense" has the meaning specified in 46.3102.

(19) "Physical injury" means physical pain, illness, or any impairment of physical condition.

(20) "Place of confinement" means any building or facility and its grounds wherein a court is legally authorized to order that a person charged with or convicted of a crime be held.

(21) "Public servant" means any person employed in any way by the government of this territory who is compensated by the government by reason of his employment. It includes, but is not limited to, legislators, jurors, members of the judiciary and law enforcement officers. It does not include witnesses.

(22) "Purposely" has the meaning specified in 46.3202.

(23) "Recklessly" has the meaning specified in 46.3202.

(24) "Serious physical injury" means physical injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

(25) "Unlawfully" means without justification or excuse.

(26) "Voluntary act" has the meaning specified in 46.3201.

History: 1979, PL 16-43 § 2.

Research Guide: MCC 556 061, 15 ASC 1, 15 ASC 181, 15 ASC 261, 15 ASC 341, 15 ASC 941, 15 ASC 4801, 15 ASC 4802.