Amount of intoxication many courts all rule either

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amount of intoxication, many courts all rule either the same or similar in whether a person cangive consent while under the influence. In case of State v. Jones 804 N.W.2d 409 (2011) 2011S.D. 60,the court applied the law under statutory interpretation which is a question of lawsubjected to de novo review or new trial, there covered the definition of rape in the third degreeas “an act of sexual penetration accomplished with any person under any of the followingcircumstances: ... (4) If the victim is incapable of giving consent because of any intoxicatingagent, narcotic, or anesthetic agent or hypnosis.” (leagle.com,2017) The supreme court of SouthDakota stated in the State v. Jones case that, “This language places no apparent requirement onthe State to prove that the accused knew or reasonably should have known the victim was toointoxicated to consent.”In the State v. Jones 804 N.W.2d 409 (2011) 2011 S.D. case, the judge denied the request Jones made to instruct the jury in regard to the consent under the in relation to rape. The judge offered their own instructions, “Consent is not a defense to the crime of rape in the third degree where the victim is incapable of giving consent because of intoxication. In determining whether the victim was incapable of giving consent because of intoxication you must consider all the circumstances in determining whether the victim's intoxication rendered her unable to exercise reasonable judgment in the process of forming mental or intellectual decisions and of discerning or comparing all the circumstances present at the time. It is not enough that the victim is intoxicated to some degree, or that the intoxication reduces the victim's sexual inhibitions, in order to establish that the level of the victim's intoxication deprives the victim of the legal

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