OUJI-CR 4-27

ASSAULT AND BATTERY - DEFENSE OF CONSENT

When conduct is charged to constitute an offense because it causes or threatens bodily harm, consent to such conduct or to the infliction of such harm is a defense if:

[the bodily harm consented to or threatened by the conduct consented to is not serious]

[the conduct and the harm are reasonably foreseeable hazards of joint participation in a lawful athletic contest or competitive sport].

Committee Comments

The Commission has discovered no Oklahoma cases addressing the availability of consent as a defense to a charge of assault and battery. The instruction accords with the provision of the Model Penal Code § 2.11(2).

(2000 Supp.)