(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), 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 Section 71.01.
Terms Used In Texas Penal Code 22.06
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Texas Estates Code 505.051
- Bodily injury: means physical pain, illness, or any impairment of physical condition. See Texas Estates Code 505.051
- Conduct: means an act or omission and its accompanying mental state. See Texas Estates Code 505.051
- Consent: means assent in fact, whether express or apparent. See Texas Estates Code 505.051
- Effective consent: includes consent by a person legally authorized to act for the owner. See Texas Estates Code 505.051
- Reasonable belief: means a belief that would be held by an ordinary and prudent man in the same circumstances as the actor. See Texas Estates Code 505.051
- Serious bodily injury: means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. See Texas Estates Code 505.051