45-2-211. Consent as defense.

186 words·~1 min read·/mt/title-45/chapter-2/part-2/45-2-211

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

45-2-211 . Consent as defense.

(1)The consent of the victim to conduct charged to constitute an offense or to the result thereof is a defense.

(2)Consent is ineffective if:

(a)it is given by a person who is legally incompetent to authorize the conduct charged to constitute the offense;

(b)it is given by a person who by reason of youth, mental disease or disorder, or intoxication is unable to make a reasonable judgment as to the nature or harmfulness of the conduct charged to constitute the offense;

(c)it is induced by force, duress, or deception;

(d)it is against public policy to permit the conduct or the resulting harm, even though consented to; or

(e)for offenses under 45-5-502 , 45-5-503 , 45-5-508 , 45-5-601 , or Title 45, chapter 5, part 7, it is given by a person who the offender knew or reasonably should have known was a victim of human trafficking, as defined in 45-5-701 , or was subjected to force, fraud, or coercion, either of which caused the person to be in the situation where the offense occurred.