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Archer -> RE: BDSM versus Assault Texas or New Mexico Laws (6/19/2008 10:56:41 PM)
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Actually unless they have change the law in TX consent is a defense to asault.
TX Penal Code
ยง 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), 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.
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