Missouri Revised Statutes

Chapter 565
Offenses Against the Person
Section 565.080

August 28, 2008


Consent as a defense.

565.080. 1. When conduct is charged to constitute an offense because it causes or threatens physical injury, 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 serious physical injury; or

(2) The conduct and the harm are reasonably foreseeable hazards of

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

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

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

2. The defendant shall have the burden of injecting the issue 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.).


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