SB 1495 Summary

• Requires all public and private colleges, universities, and community colleges in Arizona to adopt policies defining consent to sexual activity as informed and freely given words or actions indicating willingness to participate in mutually agreed-upon sexual activity.

• Specifies that consent cannot be inferred from silence, passivity, lack of resistance, current or previous dating relationships, acceptance of gifts or meals, or previous consent to other sexual activity.

• Establishes that consent may be withdrawn during sexual activity and that consent to one form of sexual activity does not imply consent to other forms.

• Prohibits obtaining consent through physical force, violence, duress, intimidation, coercion, or threats of injury.

• Declares that consent cannot be given by persons who are incapacitated by drugs or alcohol, unconscious, asleep, physically or mentally unable to make informed judgments, or legally incapable of giving consent due to age or other factors.