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CRIME ITS CAUSE AND TREATMENT Clarence Darrow

Membership requires a valid email address. This book comes from the reflections and experience of more than forty years spent in court. Aside from the practice of my profession, the topics I have treated are such as have always held my interest and inspired a taste for books that discuss the human machine with its manifestations and the causes of its varied activity. Traditional Villages are very rare to be seen. This is the watermark in history, where the urban population exceeded the rural population. Where under any enactment any constable has power to arrest without warrant any person who has committed an offence, the constable is justified in arresting without warrant any person whom he or she believes, on reasonable and probable grounds, to have committed that offence, whether or not the offence has in fact been committed, and whether or not the arrested person committed it.

Every officer or other person, not being a constable, who is authorised by any enactment to arrest any person without warrant is justified in so arresting any person in accordance with the provisions of that enactment. Every one called upon by a constable to assist him or her in the arrest of any person believed or suspected to have committed any offence is justified in assisting unless he or she knows that there is no reasonable ground for the belief or suspicion.

Where by any enactment it is provided that any officer or person, not being a constable, may call upon any other person to assist him or her in arresting without warrant any one who has committed or is found committing any offence, every person so called upon is justified in assisting unless he or she knows that there is no reasonable ground for believing that the person to be arrested has committed the offence. Every one is protected from criminal responsibility for arresting without warrant any person whom he or she finds by night in circumstances affording reasonable and probable grounds for believing that that person is committing an offence against this Act.

Where any offence against this Act has been committed, every one who believes, on reasonable and probable grounds, that any person has committed that offence is protected from criminal responsibility for arresting that person without warrant, whether or not that person committed the offence. Every one is protected from criminal responsibility for arresting without warrant any person whom he or she believes, on reasonable and probable grounds, to have committed an offence against this Act, and to be escaping from and to be freshly pursued by any one whom he or she believes, on reasonable and probable grounds, to have lawful authority to arrest that person for the offence.

This section shall apply whether or not the offence has in fact been committed, and whether or not the arrested person committed it. Where any person is justified, or protected from criminal responsibility, in executing or assisting to execute any sentence, warrant, or process, or in making or assisting to make any arrest, that justification or protection shall extend and apply to the use by him or her of such force as may be necessary to overcome any force used in resisting such execution or arrest, unless the sentence, warrant, or process can be executed or the arrest made by reasonable means in a less violent manner:.

Where any person is lawfully authorised to arrest or to assist in arresting any other person, or is justified in or protected from criminal responsibility for arresting or assisting to arrest any other person, that authority, justification, or protection, as the case may be, shall extend and apply to the use of such force as may be necessary—. Where any prisoner of a prison is attempting to escape from lawful custody, or is fleeing after having escaped therefrom, every constable, and every person called upon by a constable to assist him or her, is justified in using such force as may be necessary to prevent the escape of or to recapture the prisoner , unless in any such case the escape can be prevented or the recapture effected by reasonable means in a less violent manner.

Every one is justified in using such force as may be reasonably necessary in order to prevent the commission of suicide, or the commission of an offence which would be likely to cause immediate and serious injury to the person or property of any one, or in order to prevent any act being done which he or she believes, on reasonable grounds, would, if committed, amount to suicide or to any such offence. Every one who witnesses a breach of the peace is justified in interfering to prevent its continuance or renewal, and may detain any person committing it, in order to give him or her into the custody of a constable:.

Every constable who witnesses a breach of the peace, and every person lawfully assisting him or her, is justified in arresting any one whom he or she finds committing it. Every constable is justified in receiving into custody any person given into his or her charge, as having been a party to a breach of the peace, by one who has witnessed it or whom the constable believes on reasonable and probable grounds to have witnessed it. Every one is justified in using such force as is necessary to suppress a riot, if the force used is not disproportionate to the danger to be apprehended from the continuance of the riot.

The senior constable for the time being acting at the place of any riot is justified in using and ordering to be used, and every constable is justified in using, such force as he or she believes, in good faith and on reasonable and probable grounds, to be necessary to suppress the riot, not being disproportionate to the danger which he or she believes, on reasonable and probable grounds, is to be apprehended from the continuance of the riot. Every one, whether a member of the New Zealand forces or not, acting in good faith in obedience to orders for the suppression of any riot given by the senior constable for the time being acting at the place of the riot is justified in obeying the orders so given, unless those orders are manifestly unlawful; and is protected from criminal responsibility for using such force as he or she believes, on reasonable and probable grounds, to be necessary for carrying those orders into effect.

Every one, whether a member of the New Zealand forces or not, who believes, in good faith and on reasonable and probable grounds, that serious mischief will arise from a riot before there is time to procure the intervention of the Police, is justified in using such force as he or she believes, in good faith and on reasonable and probable grounds, to be necessary to suppress the riot, not being disproportionate to the danger which he or she believes, on reasonable grounds, is to be apprehended from the continuance of the riot.

Every one bound as a member of the New Zealand forces to obey the lawful command of his or her superior officer is justified in obeying any command given him or her by any such officer for the suppression of a riot, unless the command is manifestly unlawful. It is a question of law whether any particular command is manifestly unlawful or not.

Every one is justified in using, in the defence of himself or herself or another, such force as, in the circumstances as he or she believes them to be, it is reasonable to use. Every one in peaceable possession of any movable thing, and every one lawfully assisting him or her, is justified in using reasonable force to resist the taking of the thing by any trespasser or to retake it from any trespasser, if in either case he or she does not strike or do bodily harm to the trespasser.

Every one in peaceable possession of any movable thing under a claim of right, and every one acting under his or her authority, is protected from criminal responsibility for defending his or her possession by the use of reasonable force, even against a person entitled by law to possession, if he or she does not strike or do bodily harm to the other person. Every one in peaceable possession of any movable thing, but neither claiming right thereto nor acting under the authority of a person claiming right thereto, is neither justified in nor protected from criminal responsibility for defending his or her possession against a person entitled by law to possession.

Every one in peaceable possession of a dwellinghouse, and every one lawfully assisting him or her or acting by his or her authority, is justified in using such force as is necessary to prevent the forcible breaking and entering of the dwellinghouse by any person if he or she believes, on reasonable and probable grounds, that there is no lawful justification for the breaking and entering.

Every one in peaceable possession of any land or building, and every one lawfully assisting him or her or acting by his or her authority, is justified in using reasonable force to prevent any person from trespassing on the land or building or to remove him or her therefrom, if he or she does not strike or do bodily harm to that person. Every one is justified in peaceably entering in the daytime on any land or building to the possession of which he or she, or some person under whose authority he or she acts, is lawfully entitled, for the purpose of taking possession thereof.

Every one lawfully entitled to enter on any land for the exercise of any right of way or other easement or profit is justified in peaceably entering on the land for the purpose of exercising that right of way, easement, or profit:. Every parent of a child and every person in the place of a parent of the child is justified in using force if the force used is reasonable in the circumstances and is for the purpose of—. Nothing in subsection 1 or in any rule of common law justifies the use of force for the purpose of correction. To avoid doubt, it is affirmed that the Police have the discretion not to prosecute complaints against a parent of a child or person in the place of a parent of a child in relation to an offence involving the use of force against a child, where the offence is considered to be so inconsequential that there is no public interest in proceeding with a prosecution.

The master or officer in command of a ship on a voyage or the pilot in command of an aircraft on a flight is justified in using and ordering the use of force for the purpose of maintaining good order and discipline on board his or her ship or aircraft if he or she believes on reasonable grounds that the use of force is necessary, and if the force used is reasonable in the circumstances. Every one acting in good faith is justified in using force in obedience to any order given by the master or officer or pilot in command for the purpose aforesaid, if the force used is reasonable in the circumstances.

The reasonableness of the grounds on which the use of force was believed to be necessary, and the reasonableness of the force used, are questions of fact. Every one is protected from criminal responsibility for performing with reasonable care and skill any surgical operation upon any person if the operation is performed with the consent of that person, or of any person lawfully entitled to consent on his or her behalf to the operation, and for a lawful purpose. Without limiting the term lawful purpose in subsection 1 , a surgical operation that is performed for the purpose of rendering the patient sterile is performed for a lawful purpose.

Every one authorised by law to use force is criminally responsible for any excess, according to the nature and quality of the act that constitutes the excess. No one has a right to consent to the infliction of death upon himself or herself; and, if any person is killed, the fact that he or she gave any such consent shall not affect the criminal responsibility of any person who is a party to the killing.

Every one is protected from criminal responsibility for any act done in obedience to the laws for the time being made and enforced by those in possession de facto of the sovereign power in and over the place where the act is done.

Definition of crime, its theories and treatment (ANT)

Nothing in this Act shall take away or diminish any authority given by any other enactment to arrest, detain, or put any restraint on any person. Where 2 or more persons form a common intention to prosecute any unlawful purpose, and to assist each other therein, each of them is a party to every offence committed by any one of them in the prosecution of the common purpose if the commission of that offence was known to be a probable consequence of the prosecution of the common purpose. A person is capable of conspiring with his or her spouse or civil union partner or with his or her spouse or civil union partner and any other person.

Except as hereinafter provided, every one is liable to imprisonment for a term not exceeding 14 years who, in New Zealand, aids, incites, counsels, or procures the doing or omission of an act outside New Zealand which, if done or omitted in New Zealand, would be murder. Every one is liable to imprisonment for a term not exceeding 10 years who, in New Zealand, incites, counsels, or attempts to procure the doing or omission of an act outside New Zealand which, if done or omitted in New Zealand, would be murder, when no such act is in fact done or omitted.

It is a defence to a charge under this section to prove that the doing or omission of the act was not an offence under the law of the place where it was, or was to be, done or omitted. Nothing in this section limits or affects sections 9 to 11 of the International Crimes and International Criminal Court Act Every one is liable to imprisonment for a term not exceeding 14 years who, in New Zealand, aids, incites, counsels, or procures the doing or omission outside New Zealand, by any person not owing allegiance to the Sovereign in right of New Zealand, of any act which, if done or omitted outside New Zealand by a person owing such allegiance, would be any of the crimes of treason, inciting to mutiny, or espionage , as specified in sections 73 , 77 , and Every one is liable to imprisonment for a term not exceeding 10 years who, in New Zealand, incites, counsels, or attempts to procure the doing or omission outside New Zealand of any act which, if done or omitted in New Zealand, would be any such crime as aforesaid, when that act is not in fact done or omitted.

Except as otherwise provided in this Act, no one shall be convicted of inciting, counselling, or attempting to procure in New Zealand the doing or omission of an act outside New Zealand when that act is not in fact done or omitted. Every one who incites, counsels, or procures another to be a party to an offence of which that other is afterwards guilty is a party to that offence, although it may be committed in a way different from that which was incited, counselled, or suggested.

Every one who incites, counsels, or procures another to be a party to an offence is a party to every offence which that other commits in consequence of such inciting, counselling, or procuring, and which the first-mentioned person knew to be likely to be committed in consequence thereof. An accessory after the fact to an offence is one who, knowing any person to have been a party to the offence, receives, comforts, or assists that person or tampers with or actively suppresses any evidence against him or her, in order to enable him or her to escape after arrest or to avoid arrest or conviction.

Every one who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing his or her object, is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not. The question whether an act done or omitted with intent to commit an offence is or is not only preparation for the commission of that offence, and too remote to constitute an attempt to commit it, is a question of law.

An act done or omitted with intent to commit an offence may constitute an attempt if it is immediately or proximately connected with the intended offence, whether or not there was any act unequivocally showing the intent to commit that offence. Every one owing allegiance to the Sovereign in right of New Zealand commits treason who, within or outside New Zealand,—. Except as otherwise provided in this Act, every one who commits treason within the meaning of any of the provisions of paragraphs a to e of section 73 shall upon conviction be sentenced to imprisonment for life.

Every one is liable to imprisonment for a term not exceeding 14 years who commits treason within the meaning of paragraph f of the said section Every one is liable to imprisonment for a term not exceeding 14 years who, owing allegiance to the Sovereign in right of New Zealand, attempts to commit treason within or outside New Zealand. No one shall be convicted of treason on the evidence of 1 witness only, unless the evidence of that witness is corroborated in some material particular by evidence implicating the defendant.

Nothing in subsection 1 shall apply to treason within the meaning of paragraph a of section Every one owing allegiance to the Sovereign in right of New Zealand is liable to imprisonment for a term not exceeding 10 years who, within or outside New Zealand, for any traitorous or mutinous purpose,—. Every one is liable to imprisonment for a term not exceeding 14 years who, being a person who owes allegiance to the Sovereign in right of New Zealand, within or outside New Zealand,—.

Every person specified in subsection 2 is liable to imprisonment for a term not exceeding 5 years if the person, within or outside New Zealand,—. New Zealand Government Security Classification System means the security classification system applying to official information that is published and from time to time amended on an Internet site maintained by or on behalf of the New Zealand Security Intelligence Service.

OHCHR | Standard Minimum Rules for the Treatment of Prisoners

No charging document may be filed against any person for—. The Attorney-General may, before deciding whether or not to give his or her consent under subsection 1 , make such inquiries as he or she thinks fit.

Where the decision on any question of law to which this section applies depends on any questions of fact, the prosecutor or the defendant may adduce, and the Judge may hear, in addition to the evidence heard by the jury, any evidence relevant to those questions of fact. Every one is liable to imprisonment for a term not exceeding 10 years who, with intent to prejudice the safety, security, or defence of New Zealand or the safety or security of the armed forces of any other country, lawfully present in New Zealand,—.

No person shall be convicted of an offence against this section by reason only of the fact that he or she takes part in any strike or lockout. No one who has been acquitted or convicted of any offence against this section is liable to be afterwards tried for treason, or for being accessory after the fact to treason, in respect of the same matter. An unlawful assembly is an assembly of 3 or more persons who, with intent to carry out any common purpose, assemble in such a manner, or so conduct themselves when assembled, as to cause persons in the neighbourhood of the assembly to fear, on reasonable grounds, that the persons so assembled—.

Persons lawfully assembled may become an unlawful assembly if, with a common purpose, they conduct themselves in such a manner that their assembling would have been unlawful if they had assembled in that manner for that purpose. An assembly of 3 or more persons for the purpose of protecting the house of any one of their number against persons threatening to break and enter that house in order to commit an offence therein is not unlawful.


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A riot is a group of 6 or more persons who, acting together, are using violence against persons or property to the alarm of persons in the neighbourhood of that group. Every one commits forcible entry when, by force or in a manner that causes or is likely to cause a breach of the peace or reasonable apprehension of a breach of the peace, he or she enters on land that is in the actual and peaceable possession of another for the purpose of taking possession, whether or not he or she is entitled to enter.

Every one commits forcible detainer when, being in actual possession of land without claim of right , he or she detains it, in a manner that causes or is likely to cause a breach of the peace or reasonable apprehension of a breach of the peace, against another who is entitled by law to possession of the land. Whether there was actual possession, or claim of right , is a question of fact. Every one who does any act amounting to piracy by the law of nations, whether that act is done within or outside New Zealand,—. Any act that by the law of nations would amount to piracy if it had been done on the high seas on board or in relation to a ship shall be piracy for the purposes of this section if it is done on board or in relation to an aircraft, whether the aircraft is on or above the sea or is on or above the land.

Subsection 1 shall extend and apply to aircraft as it applies to ships; and for the purposes of this subsection any reference in subsection 1 to the master or commander of any ship shall be read as a reference to the pilot in command of an aircraft. Every one is liable to imprisonment for a term not exceeding 14 years who, within or outside New Zealand,—.


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  • It is a defence to a charge under this section if the person charged proves that he or she believed on reasonable grounds that the person under the age of 18 years concerned was of or over the age of 18 years. For the purposes of subsection 1 , sexual exploitation , in relation to a person, includes the following acts:. For the purposes of paragraphs b and c of subsection 3 , sexual exploitation , in relation to a person, does not include the recording or transmission of an artistic or cultural performance or display honestly undertaken primarily for purposes other than the exposure of body parts for the sexual gratification of viewers.

    The person under the age of 18 years in respect of whom an offence against this section was committed cannot be charged as a party to the offence.

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    Crime: Its Cause and Treatment

    This section does not limit or affect the generality of section Every person commits an offence and is liable to imprisonment for a term not exceeding 10 years who participates in an organised criminal group—. For the purposes of this Act, a group is an organised criminal group if it is a group of 3 or more people who have as their objective or one of their objectives—. A group of people is capable of being an organised criminal group for the purposes of this Act whether or not—. In sections 98C to 98F , unless the context otherwise requires,—.

    Every one is liable to the penalty stated in subsection 3 who arranges for an unauthorised migrant to enter New Zealand or any other State, if he or she—. Every one is liable to the penalty stated in subsection 3 who arranges for an unauthorised migrant to be brought to New Zealand or any other State, if he or she—. Proceedings may be brought under subsection 1 even if the unauthorised migrant did not in fact enter the State concerned. Proceedings may be brought under subsection 2 even if the unauthorised migrant was not in fact brought to the State concerned.

    Every person is liable to the penalty stated in subsection 2 who arranges, organises, or procures—. For the purposes of this section, exploit , in relation to a person, means to cause, or to have caused, that person, by an act of deception or coercion, to be involved in—. When determining the sentence to be imposed on, or other way of dealing with, a person convicted of an offence against section 98C or section 98D , a court must take into account—.

    When determining the sentence to be imposed on, or other way of dealing with, a person convicted of an offence against section 98D , a court must also take into account—. The examples in paragraph a of subsection 2 do not limit the generality of that paragraph. This section does not limit the matters that a court may take into account when determining the sentence to be imposed on, or other way of dealing with, a person convicted of an offence against section 98C or section 98D.

    Every judicial officer is liable to imprisonment for a term not exceeding 14 years who corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or herself or any other person in respect of any act done or omitted, or to be done or omitted, by him or her in his or her judicial capacity. Every judicial officer, and every Registrar or Deputy Registrar of any court, is liable to imprisonment for a term not exceeding 7 years who corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or herself or any other person in respect of any act done or omitted, or to be done or omitted, by him or her in his or her official capacity, not being an act or omission to which subsection 1 applies.

    7.1. Deviance and Control

    Every one is liable to imprisonment for a term not exceeding 7 years who corruptly gives or offers or agrees to give any bribe to any person with intent to influence any judicial officer in respect of any act or omission by him or her in his or her judicial capacity. Every one is liable to imprisonment for a term not exceeding 7 years who corruptly gives or offers or agrees to give any bribe to any person with intent to influence any judicial officer or any Registrar or Deputy Registrar of any court in respect of any act or omission by him or her in his or her official capacity, not being an act or omission to which subsection 1 applies.

    Every one is liable to imprisonment for a term not exceeding 7 years who corruptly gives or offers or agrees to give any bribe to any person with intent to influence any Minister of the Crown or member of the Executive Council in respect of any act or omission by him or her in his or her capacity as a Minister or member of the Executive Council. No one shall be prosecuted for an offence against this section without the leave of a Judge of the High Court. Notice of the intention to apply for such leave shall be given to the person whom it is intended to prosecute, and he or she shall have an opportunity of being heard against the application.

    Every law enforcement officer is liable to imprisonment for a term not exceeding 7 years who corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or herself or any other person in respect of any act done or omitted, or to be done or omitted, by him or her in his or her official capacity. Every official is liable to imprisonment for a term not exceeding 7 years who, whether within New Zealand or elsewhere, corruptly uses or discloses any information, acquired by him or her in his or her official capacity, to obtain, directly or indirectly, an advantage or a pecuniary gain for himself or herself or any other person.

    It is a defence to a charge under this section if the person charged proves that the person was legally authorised to use or disclose the information. In this section, the term personal information means any information about an identifiable natural person, including a deceased natural person. In this section and in sections D and E ,—. A body corporate or corporation sole does not commit an offence under subsection 2 if it has taken reasonable steps to prevent the offence.

    If a body corporate or corporation sole is charged with an offence under subsection 2 , it is to be presumed, unless the body corporate or corporation sole puts the matter at issue, that it did not take reasonable steps. Every person who commits an offence against this section is liable to imprisonment for a term not exceeding 7 years, or a fine, or both. Every one commits an offence who, being a person described in subsection 2 , does, outside New Zealand, any act that would, if done in New Zealand, constitute an offence against section C.

    Every one who commits an offence against this section is liable to the same penalty to which the person would have been liable if the person had been convicted of an offence against section C. Nothing in this section limits any immunity that a foreign public official or person has under this Act or any other enactment. No one shall be prosecuted for an offence against any of the provisions of sections , , , , A , B , C , D , E , and F without the leave of the Attorney-General, who before giving leave may make such inquiries as he or she thinks fit.

    No Judge who holds his or her office subject to a power of removal by the Sovereign on an address of the House of Representatives shall be prosecuted for any such offence except by the Attorney-General in pursuance of a resolution of that House. Nothing in subsection 1 applies to any contravention of any Imperial enactment or Imperial subordinate legislation that is part of the laws of New Zealand, or to any omission to do any act which any such Imperial enactment or Imperial subordinate legislation requires to be done. In subsection 2 , the terms Imperial enactment and Imperial subordinate legislation have the meanings given to them by section 2 of the Imperial Laws Application Act Perjury is an assertion as to a matter of fact, opinion, belief, or knowledge made by a witness in a judicial proceeding as part of his or her evidence on oath, whether the evidence is given in open court or by affidavit or otherwise, that assertion being known to the witness to be false and being intended by him or her to mislead the tribunal holding the proceeding.

    In this section the term oath includes an affirmation, and also includes a declaration made under section 13 of the Oaths and Declarations Act Every person is a witness within the meaning of this section who actually gives evidence, whether he or she is competent to be a witness or not, and whether his or her evidence is admissible or not. Every proceeding is judicial within the meaning of this section if it is held before any of the following tribunals, namely:. Every such proceeding is judicial within the meaning of this section whether the tribunal was duly constituted or appointed or not, and whether the proceeding was duly instituted or not, and whether the proceeding was invalid or not.

    Except as provided in subsection 2 , every one is liable to imprisonment for a term not exceeding 7 years who commits perjury. Every one is liable to imprisonment for a term not exceeding 5 years who, being required or authorised by law to make any statement on oath or affirmation, thereupon makes a statement that would amount to perjury if made in a judicial proceeding.

    Every one is liable to imprisonment for a term not exceeding 3 years who, on any occasion on which he is required or permitted by law to make any statement or declaration before any officer or person authorised by law to take or receive it, or before any notary public to be certified by him as such notary, makes a statement or declaration that would amount to perjury if made on oath in a judicial proceeding.

    Every one is liable to imprisonment for a term not exceeding 7 years who, with intent to mislead any tribunal holding any judicial proceeding to which section applies, fabricates evidence by any means other than perjury. Every one who conspires to prosecute any person for any alleged offence, knowing that person to be innocent thereof, is liable—. Every one is liable to imprisonment for a term not exceeding 7 years who conspires to obstruct, prevent, pervert, or defeat the course of justice in New Zealand or the course of justice in an overseas jurisdiction.

    For the purposes of this section, custody under an illegal warrant or other irregular process shall be deemed to be lawful. For the purposes of this section, custody under an irregular warrant or other irregular process shall be deemed to be lawful. Every one is liable to imprisonment for a term not exceeding 2 years who, without lawful justification or excuse,—. It is a defence to a charge under this section to prove that the public good was served by the acts alleged to have been done.

    It is a question of law whether the sale, exposure for sale, distribution, exhibition, or presentation might in the circumstances serve the public good, and whether there is evidence of excess beyond what the public good requires; but it is a question of fact whether or not the acts complained of did so serve the public good and whether or not there was such excess. It is no defence that the person charged did not know that the model, object, show, or performance to which the charge relates was indecent, unless that person also satisfies the court—.

    Nothing in this section shall apply to any publication within the meaning of the Films, Videos, and Publications Classification Act , whether the publication is objectionable within the meaning of that Act or not. It is a defence to a charge under subsection 1 if the person charged proves that,—. It is a defence to a charge under this section if the person charged proves that he or she had reasonable grounds for believing that he or she would not be observed.

    For the purposes of this section, the term place includes any railway carriage, and also includes any ship, aircraft, or vehicle used for the carriage of passengers for hire or reward. There is no presumption of law that a person is incapable of sexual connection because of his or her age. Person A has unlawful sexual connection with person B if person A has sexual connection with person B—. One person may be convicted of the sexual violation of another person at a time when they were married to each other. A person does not consent to sexual activity just because he or she does not protest or offer physical resistance to the activity.

    A person does not consent to sexual activity if he or she allows the activity because of—. A person does not consent to sexual activity if the activity occurs while he or she is asleep or unconscious. A person does not consent to sexual activity if the activity occurs while he or she is so affected by alcohol or some other drug that he or she cannot consent or refuse to consent to the activity.

    A person does not consent to sexual activity if the activity occurs while he or she is affected by an intellectual, mental, or physical condition or impairment of such a nature and degree that he or she cannot consent or refuse to consent to the activity. One person does not consent to sexual activity with another person if he or she allows the sexual activity because he or she is mistaken about who the other person is.

    A person does not consent to an act of sexual activity if he or she allows the act because he or she is mistaken about its nature and quality. This section does not limit the circumstances in which a person does not consent to sexual activity. A person convicted of sexual violation must be sentenced to imprisonment unless, having regard to the matters stated in subsection 3 , the court thinks that the person should not be sentenced to imprisonment.

    Every one who attempts to commit sexual violation is liable to imprisonment for a term not exceeding 10 years. Every one who assaults another person with intent to commit sexual violation of the other person is liable to imprisonment for a term not exceeding 10 years. Every one who has sexual connection with another person knowing that the other person has been induced to consent to the connection by threat is liable to imprisonment for a term not exceeding 14 years.

    For the purposes of subsection 1 , a person who has sexual connection with another person knows that the other person has been induced to consent to the sexual connection by threat if and only if he or she knows that the other person has been induced to consent to the sexual connection by an express or implied threat of a kind described in subsection 5. Every one of or over the age of 16 years who commits incest is liable to imprisonment for a term not exceeding 10 years.