Consent cannot legally be given by a person who is asleep, unconscious, or incapacitated by intoxication.

• A. Fully alert, sober, and capable of understanding the situation
• B. Asleep, unconscious, or incapacitated by intoxication
• C. Under age 18 with parental consent
• D. Physically restrained but conscious

Answer: (B)

Consent must come from someone who understands what they are agreeing to and can freely decide. If a person is asleep, unconscious, or intoxicated to the point of incapacity, they cannot understand the situation or communicate a true, voluntary decision. Without that understanding and freedom to choose, any alleged consent isn’t legally valid. That’s why this scenario describes someone who cannot legally consent. The other situations describe conditions where a person may still have the capacity to understand or decide (fully alert and sober) or involve separate legal rules or coercion concerns that don’t by themselves prove a lack of capacity.