North Dakota Code 12.1-17-08 – Consent as a defense
1. When conduct is an offense because it causes or threatens bodily injury, consent to such conduct or to the infliction of such injury by all persons injured or threatened by the conduct is a defense if:
Terms Used In North Dakota Code 12.1-17-08
- Actor: includes , where relevant, a person guilty of an omission. See North Dakota Code 12.1-01-04
- Bodily injury: means any impairment of physical condition, including physical pain. See North Dakota Code 12.1-01-04
- Force: means physical action. See North Dakota Code 12.1-01-04
- Offense: means conduct for which a term of imprisonment or a fine is authorized by statute after conviction. See North Dakota Code 12.1-01-04
- person: includes , where relevant, a corporation, limited liability company, partnership, unincorporated association, or other legal entity. See North Dakota Code 12.1-01-04
a. Neither the injury inflicted nor the injury threatened is such as to jeopardize life or seriously impair health; b. The conduct and the injury are reasonably foreseeable hazards of joint participation in a lawful athletic contest or competitive sport; or
c. The conduct and the injury are reasonably foreseeable hazards of an occupation or profession or of medical or scientific experimentation conducted by recognized methods, and the persons subjected to such conduct or injury, having been made aware of the risks involved, consent to the performance of the conduct or the infliction of the injury.
2. Assent does not constitute consent, within the meaning of this section, if:
a. It is given by a person who is legally incompetent to authorize the conduct charged to constitute the offense and such incompetence is manifest or known to the actor; b. It is given by a person who by reason of youth, mental disease or defect, or intoxication is manifestly unable or known by the actor to be unable to make a reasonable judgment as to the nature or harmfulness of the conduct charged to constitute the offense; or
c. It is induced by force, duress, or deception.