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2024 Delaware Code
Title 11 - Crimes and Criminal Procedure
Chapter 4. DEFENSES TO CRIMINAL LIABILITY
§ 452. Consent of victim to inflictions of physical injury as defense.
Universal Citation:
11 DE Code § 452 (2024)
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§ 452. Consent of victim to inflictions of physical injury as defense. 11 Del. C. 1953, § 452; 58 Del. Laws, c. 497, § 1;
In any prosecution for an offense involving or threatening physical injury, it is a defense that the victim consented to the infliction of physical injury of the kind done or threatened, provided that:
(1) The physical injury done or threatened by the conduct consented to is not serious physical injury; or
(2) The physical injury done or threatened is a reasonably foreseeable hazard of joint participation in any concerted activity, athletic contest or sport not prohibited by law.
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