Texas Penal Code

Sec. § 22.06
Consent As Defense to Assaultive Conduct


(a)

The victim’s effective consent or the actor’s reasonable belief that the victim consented to the actor’s conduct is a defense to prosecution under Section 22.01 (Assault) (Assault), 22.02 (Aggravated Assault) (Aggravated Assault), or 22.05 (Deadly Conduct) if:

(1)

the conduct did not threaten or inflict serious bodily injury; or

(2)

the victim knew the conduct was a risk of:

(A)

his occupation;

(B)

recognized medical treatment; or

(C)

a scientific experiment conducted by recognized methods.

(b)

The defense to prosecution provided by Subsection (a) is not available to a defendant who commits an offense described by Subsection (a) as a condition of the defendant’s or the victim’s initiation or continued membership in a criminal street gang, as defined by Section 71.01 (Definitions).
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 273 (H.B. 184), Sec. 1, eff. September 1, 2007.

(1)

the conduct did not threaten or inflict serious bodily injury; or

(2)

the victim knew the conduct was a risk of:

(A)

his occupation;

(B)

recognized medical treatment; or

(C)

a scientific experiment conducted by recognized methods.

(b)

The defense to prosecution provided by Subsection (a) is not available to a defendant who commits an offense described by Subsection (a) as a condition of the defendant’s or the victim’s initiation or continued membership in a criminal street gang, as defined by Section 71.01.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 273 (H.B. 184), Sec. 1, eff. September 1, 2007.
Source

Last accessed
Jun. 7, 2021