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2023 Texas Penal Code 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 § 22.01 (Assault), 22.02 (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 § 71.01.

2023 Texas Penal Code 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 § 22.01 (Assault), 22.02 (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 § 71.01.