ASSAULT AND BATTERY - DEFENSE OF CONSENT
When conduct is charged to constitute an offense because it causes or threatens bodily harm, consent to such conduct or to the infliction of such harm is a defense if:
[the bodily harm consented to or threatened by the conduct consented to is not serious]
[the conduct and the harm are reasonably foreseeable hazards of joint participation in a lawful athletic contest or competitive sport].
The Commission has discovered no Oklahoma cases addressing the availability of consent as a defense to a charge of assault and battery. The instruction accords with the provision of the Model Penal Code § 2.11(2).
| Service provided by the IS department of the Oklahoma Court of Criminal Appeals
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