ARSD 67:46:01:20. Incapability of indicating intent

The department shall consider an individual incapable of indicating intent if the individual meets one of the following: (1) The individual has been judged legally incompetent by a court; (2) A physician, psychologist, or a qualified developmental disability professional has found the individual to be incapable of indicating intent and has based this finding on medical evidence; or (3) A psychologist has determined that the individual has an IQ of 49 or less or a mental age of 7 or less and has based this determination on tests appropriate for the individual being tested.