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Fondling consists of the touching of the private body parts of another person, without the consent of the victim, including where the victim is incapable of giving consent as a result of age or incapacity.
2(c) Effective Consent
Effective consent is clear, informed, and freely given. It is communicated by mutually understandable words or actions which indicate a willingness to participate in mutually agreed upon sexual activity by persons of legal age. Consent as a result of coercion, intimidation, threat of force, or force is not effective consent. Effective consent may never be given by minors , mentally disabled persons, and or those who are incapacitated as a result of alcohol or other drug consumption (voluntary or involuntary) or those who are unconscious, unaware or , otherwise physically helpless, or mentally disabled so as to be unable to provide consent.
Effective consent to one form of sexual activity cannot imply consent to other sexual acts. A previous relationship or previous consent, including a dating relationship or previous sexual involvement, does not imply consent to future sexual acts. Consent may be withdrawn by either party at any time by an outward demonstration through words or actions effectively indicatingintent to end sexual activity. Consent cannot be effective when it results from threat of physical force, intimidation, or coercion.
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