• 1985 - Consent as a Defense (Bodily Injury)
  • K-3.20
    • Consent
    • Defenses
    • Defenses
  • Whenever conduct is an offense because it causes or threatens bodily injury, consent to the conduct or to the infliction of the injury by all persons injured or threatened by the conduct is a defense if:

     

    1) [neither the injury inflicted nor the injury threatened is such as to jeopardize life or seriously impair health.]

     

    2) [the conduct and the injury are reasonably foreseeable hazards of joint participation in a lawful athletic contest or competitive sport.]

     

    3) [the conduct and the injury are reasonably foreseeable hazards of an occupation or profession of medical or scientific experimentation conducted by recognized methods, and the person subjected to the conduct or injury, having been made aware of the risks involved, consents to the performance of the conduct or the infliction of the injury.]

     

    Assent does not constitute consent if:

     

    1) [it is given by a person who is legally incompetent to authorize the conduct charged to constitute the offense and the incompetence is manifest or known to the actor.]

     

    2) [it is given by a person who by reason of youth, mental disease or defect, or intoxication, is manifestly unable, or known by the actor to be unable, to make a reasonable judgment as to the nature or harmfulness of the conduct charged to constitute the offense.]

     

    3) [it is induced by force, duress, or deception.]

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    • 12.1-17-08
    • 39-10-23
    • 39-10-35
    • 39-10-40
    • 39-21-19
  • Notes: (2004 - reviewed with no changes) This instruction should be given if evidence has been received sufficient to support a finding of consent, in which case the essential elements instruction should require a negative finding of absence of consent.