Florida legal term
Lacks capacity to consent in Florida Criminal Law
Current through 2026 Florida legislative session
In Florida criminal law, “Lacks capacity to consent” is a term defined by statute rather than by its everyday meaning. Its statutory definition — quoted verbatim below — controls how the term is applied throughout the Florida criminal code.
What does “Lacks capacity to consent” mean in Florida criminal law?
“Lacks capacity to consent” means an impairment by reason of mental illness, developmental disability, organic brain disorder, physical illness or disability, chronic use of drugs, chronic intoxication, short-term memory loss, or other cause, that causes an elderly person or disabled adult to lack sufficient understanding or capacity to make or communicate reasonable decisions concerning the elderly person’s or disabled adult’s person or property. (Fla. Stat. § 825.101)
Statutes defining or using this term
Related terms in the same statutes
This reference is informational and is not legal advice.