State Codes and Statutes

Statutes > Missouri > T38 > C565 > 565_080

Consent as a defense.

565.080. 1. When conduct is charged to constitute anoffense because it causes or threatens physical injury, consentto that conduct or to the infliction of the injury is a defenseonly if:

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

(2) The conduct and the harm are reasonably foreseeablehazards of

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

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

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

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

(L. 1977 S.B. 60)

Effective 1-1-79

(1996) Working as a security guard does not imply consent to intentional assaults. State v. George, 937 S.W.2d 251 (Mo.App.E.D.).

State Codes and Statutes

Statutes > Missouri > T38 > C565 > 565_080

Consent as a defense.

565.080. 1. When conduct is charged to constitute anoffense because it causes or threatens physical injury, consentto that conduct or to the infliction of the injury is a defenseonly if:

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

(2) The conduct and the harm are reasonably foreseeablehazards of

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

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

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

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

(L. 1977 S.B. 60)

Effective 1-1-79

(1996) Working as a security guard does not imply consent to intentional assaults. State v. George, 937 S.W.2d 251 (Mo.App.E.D.).


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T38 > C565 > 565_080

Consent as a defense.

565.080. 1. When conduct is charged to constitute anoffense because it causes or threatens physical injury, consentto that conduct or to the infliction of the injury is a defenseonly if:

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

(2) The conduct and the harm are reasonably foreseeablehazards of

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

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

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

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

(L. 1977 S.B. 60)

Effective 1-1-79

(1996) Working as a security guard does not imply consent to intentional assaults. State v. George, 937 S.W.2d 251 (Mo.App.E.D.).