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Texas Penal Code - PENAL § 22.06. Consent as Defense to Assaultive Conduct

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(a)?The victim's effective consent or the actor's reasonable belief that the victim consented to the actor's conduct is a defense to prosecution under Section 22.01 (Assault), 22.02 (Aggravated Assault), or 22.05 (Deadly Conduct) if:

(1)?the conduct did not threaten or inflict serious bodily injury; ?or

(2)?the victim knew the conduct was a risk of:

(A)?his occupation;

(B)?recognized medical treatment; ?or

(C)?a scientific experiment conducted by recognized methods.

(b)?The defense to prosecution provided by Subsection (a) is not available to a defendant who commits an offense described by Subsection (a) as a condition of the defendant's or the victim's initiation or continued membership in a criminal street gang, as defined by Section 71.01.

Cite this article: FindLaw.com - Texas Penal Code - PENAL § 22.06. Consent as Defense to Assaultive Conduct - last updated April 14, 2021 | https://codes.findlaw.com/tx/penal-code/penal-sect-22-06.html


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