Page:Title 3 CFR 2007 Compilation.djvu/261

 Executive Orders EO 13447 a videotape, photograph, motion picture, print, negative, slide, or other mechanically, electronically, or chemically reproduced visual material, without another person's consent, and contrary to that other person's reasonable expectation of privacy, of - (A) that other person's genltalia, anus, or buttocks, or (if that other person is female) that person,s areola or nipple; or (B) that other person while that other person is engaged in a sexual act, sodomy (under section 925 (article 125) of this chapter), or sexual contact. (13) Act of prostitution. The term "act of prostitution" means a sexual act, sexual contact, or lewd act for the purpose of receiving money or other compensation. (14) Consent. The term "consent" means words or overt acts indicating a freely given agreement to the sexual conduct at issue by a competent person. An expression of lack of consent through words or conduct means there is no consent. Lack of verbal or physical resistance or submission resulting from the accused's use of force, threat of force, or placing another person in fear does not constitute consent. A current or prevlous dating relationship by itself or the manner of dress of the person involved with the accused in the sexual conduct at issue shall not constitute consent. A person cannot consent to sexual activity if (A)' under 16 years of age; or {B) substantially incapable of (i) appraising the nature of the sexual conduct at issue due (I) mental impairment or unconsciousness resulting from consumption of alcohol, drugs, a similar substance, or otherwise; or 261

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