Code of Alabama |
Match Context and Document information |
URL: | http://alisondb.legislature.state.al.us/alison/CodeOfAlabama /1975/13A-2-7.htm |
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Depth: | 0 singles |
Size: | 1,912 bytes |
Modified: | 2004-12-22 09:55:32 |
Categories: | -None- |
Title: | 13A-2-7 |
Description: | -None- |
Keywords: | -None- |
Meta data: | -None- |
Body: | Section 13A-2-7 Consent. (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. (Acts 1977, No. 607, p. 812, ยง330.) |