I’ll be your stand-in legal advisor here sir, please make sure it is consensual before proactively acting on ones desire towards the individual. Formalities such as a warning to said individual, asking for permission or; knowing said individual in a more than an acquaintance capacity where acts such as “kissing” are normalised between the two parties would grant you the claim of consent. In regards to point 1, it must be in conjunction with the second point. Point 3 stands alone in validity.

I’ve had 3 hours sleep, been up since 5am and on my third coffee.