The term "consent" means the affirmative, unambiguous and voluntary agreement to engage in a specific sexual activity during a sexual encounter which can be revoked at any time. Consent cannot be:

1. 1. Given by an individual who:

   1. a. is asleep or is mentally or physically incapacitated either through the effect of drugs or alcohol or for any other reason, or
   2. b. is under duress, threat, coercion or force; or

2. 2. Inferred under circumstances in which consent is not clear including, but not limited to:

   1. a. the absence of an individual saying "no" or "stop", or
   2. b. the existence of a prior or current relationship or sexual activity.

Laws 2016, HB 2398, c. 349, § 4, emerg. eff. June 6, 2016.