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Alabama Code Title 13A. Criminal Code § 13A-2-7

Current as of December 30, 2022 | Updated by FindLaw Staff

(a) In general. The consent of the victim to conduct charged to constitute an offense or to the result thereof is a defense if such consent negatives a required element of the offense or precludes the infliction of the harm or evil sought to be prevented by the law defining the offense.

(b) Consent to bodily harm. When conduct is charged to constitute an offense because it causes or threatens bodily harm, consent to such conduct or to the infliction of such harm is a defense only if:

(1) The bodily harm consented to or threatened by the conduct consented to is not serious;  or

(2) The conduct and the harm are reasonably foreseeable hazards of joint participation in a lawful athletic contest or competitive sport;  or

(3) The consent establishes a justification for the conduct under Article 2 of Chapter 3 of this title.

(c) Ineffective consent. Unless otherwise provided by this Criminal Code or by the law defining the offense, assent does not constitute consent if:

(1) It is given by a person who is legally incompetent to authorize the conduct;  or

(2) It is given by a person who by reason of immaturity, mental disease or defect, or intoxication is manifestly unable and known by the actor to be unable to make a reasonable judgment as to the nature or harmfulness of the conduct;  or

(3) It is given by a person whose consent is sought to be prevented by the law defining the offense;  or

(4) It is induced by force, duress or deception.

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Cite this article: FindLaw.com - Alabama Code Title 13A. Criminal Code § 13A-2-7 - last updated December 30, 2022 | https://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-2-7/

Read this complete Alabama Code Title 13A. Criminal Code § 13A-2-7 on Westlaw

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

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