1. 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. (1) The physical injury consented to or threatened by the conduct is not serious physical injury; or

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

      1. (a) The victim's occupation or profession; or
      2. (b) Joint participation in a lawful athletic contest or competitive sport; or
   3. (3) The consent establishes a justification for the conduct under chapter 563 of this code.
2. 2. The defendant shall have the burden of injecting the issue of consent.

(L. 1977 S.B. 60, A.L. 2014 S.B. 491)

Transferred 2014; formerly 565.080; Effective 1-01-17