What does "explicit prior permission" mean?
First there was SSC, then RACK... now EPP — Explicit Prior Permission! But why the update?
In June 2021, the American Law Institute (ALI) approved the revised Model Penal Code on Sexual Assault.
The Model Penal Code is not itself legally binding, but it affects state law nationwide. This revision, the first revision to the section on sexual assault since the Model Penal Code's first publication in 1962, will guide updates to state laws. In addition it may be cited in opinions and briefs even in states where the legislature has not adopted the revised Model Penal Code.
The revision decriminalizes BDSM activities in connection with sexual penetration, oral sex or sexual contact, and establishes a framework of "Explicit Prior Permission" that reflects consent as it is practiced in BDSM communities.
Explicit Prior Permission requires that everyone involved is informed of the risks and freely agrees to specific acts and the intensity before engaging in erotic force or restraint. Also, there must be a way to stop at any time, and participants must be over 18 and of sound mind. Explicit Prior Permission prohibits serious physical injury, including permanent marks and impairment, or the risk of a life-threatening injury.
Learn more about Section 213.10 of the Model Penal Code on Sexual Assault (“Affirmative Defense of Explicit Prior Permission”) in this video:









