Section 565.010

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 565

Effective - 01 Jan 2017, see footnote   

  565.010.  Consent as a defense. — 1.  When conduct is charged to constitute an offense because it causes or threatens physical injury, consent to that conduct or to the infliction of the injury is a defense only if:

  (1)  The physical injury consented to or threatened by the conduct is not serious physical injury; or

  (2)  The conduct and the harm are reasonably foreseeable hazards of:

  (a)  The victim's occupation or profession; or

  (b)  Joint participation in a lawful athletic contest or competitive sport; or

  (3)  The consent establishes a justification for the conduct under chapter 563 of this code.

  2.  The defendant shall have the burden of injecting the issue of consent.

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(L. 1977 S.B. 60, A.L. 2014 S.B. 491)

Transferred 2014; formerly 565.080; Effective 1-01-17