Consent as a defense
If someone is charged with a crime because they hurt or threatened to hurt another person, the fact that the other person said 'okay' is only a valid defense in certain situations: the injury was not serious, the risk of getting hurt was a normal part of the person's job or a legal sport or contest, or the consent fits under Missouri's justification laws. The person being accused is the one who has to bring up the consent argument in court.
565.010. as a . — 1. When conduct is charged to constitute an because it causes or threatens , 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 ; or
(2) The conduct and the harm are reasonably foreseeable hazards of:
(a) The victim's or profession; or
(b) Joint participation in a lawful athletic or competitive sport; or
(3) The consent establishes a for the conduct under chapter 563 of this code.
2. The shall have the of consent.
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Source & history notes
(L. 1977 S.B. 60, A.L. 2014 S.B. 491) Transferred 2014; formerly 565.080; Effective 1-01-17
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.