2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 3 - Culpability
311 - Consent.

     § 311.  Consent.
        (a)  General rule.--The consent of the victim to conduct
     charged to constitute an offense or to the result thereof is a
     defense if such consent negatives an 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 injury.--When conduct is charged to
     constitute an offense because it causes or threatens bodily
     injury, consent to such conduct or to the infliction of such
     injury is a defense if:
            (1)  the conduct and the injury are reasonably
        foreseeable hazards of joint participation in a lawful
        athletic contest or competitive sport; or
            (2)  the consent establishes a justification for the
        conduct under Chapter 5 of this title (relating to general
        principles of justification).
        (c)  Ineffective consent.--Unless otherwise provided by this
     title or by the law defining the offense, assent does not
     constitute consent if:
            (1)  it is given by a person who is legally incapacitated
        to authorize the conduct charged to constitute the offense;
            (2)  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;
            (3)  it is given by a person whose improvident consent is
        sought to be prevented by the law defining the offense; or
            (4)  it is induced by force, duress or deception of a
        kind sought to be prevented by the law defining the offense.
     (Apr. 16, 1992, P.L.108, No.24, eff. 60 days)

        1992 Amendment.  Act 24 amended subsec. (c).
        Cross References.  Section 311 is referred to in section 2607
     of this title.

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