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

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Terms Used In Missouri Laws 565.010

  • Conduct: includes any act or omission. See Missouri Laws 565.002
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.

(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.