Law citations dealing with consent, compiled by the NCSF Consent Counts Project. The X’s indicate whether the state has Combined Assault and Battery law vs. Separate Assault and Battery laws, or if Consent is No Defense vs. Consent is a Limited Defense to Assault.
Click here to view a PDF of State By State Assult Laws Combined with Consent Cheat Sheet
| State |
Assault |
Consent |
Definitions |
Cases |
| AL |
13A-6-20 (1st degree) |
13A-2-7 |
13A-1-2 |
|
| 13A-6-21 (2nd degree) |
(physical injury, serious physical injury) |
| 13A-6-22 (3rd degree) |
|
| |
Assault and Battery Combined |
Assault and Battery Separate |
Consent Complete Defense Assault |
Consent Limited Defense Assault |
Consent No Defense Assault |
Consent Mitigation Assault |
Consent Complete Defense Battery |
Consent Limited Defense Battery |
Consent No Defense Battery |
Consent Mitigation Battery |
No Information Assault |
No Information Battery |
| Alabama |
X |
|
|
X |
|
|
|
X |
|
|
|
|
| State |
Assault |
Consent |
Definitions |
Cases |
| AK |
11.41.200 (1st degree) |
|
11.81.900 (serious physical injury, reckless) |
|
| 11.41.210 (2nd degree) |
| 11.41.220 (3rd degree) |
| 11.41.250 (reckless endangerment) |
| Assault and Battery Combined |
Assault and Battery Separate |
Consent Complete Defense Assault |
Consent Limited Defense Assault |
Consent No Defense Assault |
Consent Mitigation Assault |
Consent Complete Defense Battery |
Consent Limited Defense Battery |
Consent No Defense Battery |
Consent Mitigation Battery |
No Information Assault |
No Information Battery |
| X |
|
|
|
|
|
|
|
|
|
X |
X |
| State |
Assault |
Consent |
Definitions |
Cases |
| AZ |
13-1203 Simple Assault |
|
|
|
| 13-12-4 Aggravated Assault |
| Assault and Battery Combined |
Assault and Battery Separate |
Consent Complete Defense Assault |
Consent Limited Defense Assault |
Consent No Defense Assault |
Consent Mitigation Assault |
Consent Complete Defense Battery |
Consent Limited Defense Battery |
Consent No Defense Battery |
Consent Mitigation Battery |
No Information Assault |
No Information Battery |
| X |
|
|
X |
|
|
|
X |
|
|
|
|
| State |
Assault |
Consent |
Definitions |
Cases |
| AZ |
13-1203 Simple Assault
13-12-4 Aggravated Assault
|
|
|
|
| State |
Assault |
Consent |
Definitions |
Cases |
| AR |
5-13-201 1st degree battery |
|
5-1-102 definitions |
|
| 5-13-202 2nd degree battery |
| 5-13-203 3rd degree battery |
| 5-13-204 Aggravated assault |
| 5-13-205 1st degree assault |
| 5-13-206 2nd degree assault |
| 5-13-207 3rd degree assault |
| |
| Assault and Battery Combined |
Assault and Battery Separate |
Consent Complete Defense Assault |
Consent Limited Defense Assault |
Consent No Defense Assault |
Consent Mitigation Assault |
Consent Complete Defense Battery |
Consent Limited Defense Battery |
Consent No Defense Battery |
Consent Mitigation Battery |
No Information Assault |
No Information Battery |
| |
X |
|
X |
|
|
|
X |
|
|
|
|
| State |
Assault |
Consent |
Definitions |
Cases |
| CA |
Penal Code 241 Assault, Punishment |
|
Penal Code 7 Words and Phrases defined |
|
| Penal Code 243 Battery, Punishment |
Penal Code 240 Assault Defined |
| Penal Code 245 Assault with deadly weapon or force likely to produce great bodily injury |
Penal Code 242 Battery Defined |
| |
|
| Assault and Battery Combined |
Assault and Battery Separate |
Consent Complete Defense Assault |
Consent Limited Defense Assault |
Consent No Defense Assault |
Consent Mitigation Assault |
Consent Complete Defense Battery |
Consent Limited Defense Battery |
Consent No Defense Battery |
Consent Mitigation Battery |
No Information Assault |
No Information Battery |
| |
X |
|
X |
|
|
|
X |
|
|
|
|
| State |
Assault |
Consent |
Definitions |
Cases |
| CO |
18-3-202 (1st degree) |
|
|
|
| 18-3-203 (2nd degree) |
| 18-3-204 (3rd degree) |
| 18-3-208 (reckless endangerment) |
| Assault and Battery Combined |
Assault and Battery Separate |
Consent Complete Defense Assault |
Consent Limited Defense Assault |
Consent No Defense Assault |
Consent Mitigation Assault |
Consent Complete Defense Battery |
Consent Limited Defense Battery |
Consent No Defense Battery |
Consent Mitigation Battery |
No Information Assault |
No Information Battery |
| X |
|
|
X |
|
|
|
X |
|
|
|
|
| State |
Assault |
Consent |
Definitions |
Cases |
| CT |
53a-59 (1st degree) |
|
53a-3 (serious physical injury, recklessly) |
|
| 53a-60 (2nd degree) |
| 53a-61 (3rd degree) |
| 53a-63 (reckless endangerment 1st degree) |
| 53a-64 (reckless endangerment 2nd degree) |
| Assault and Battery Combined |
Assault and Battery Separate |
Consent Complete Defense Assault |
Consent Limited Defense Assault |
Consent No Defense Assault |
Consent Mitigation Assault |
Consent Complete Defense Battery |
Consent Limited Defense Battery |
Consent No Defense Battery |
Consent Mitigation Battery |
No Information Assault |
No Information Battery |
| |
X |
|
X |
|
|
|
|
|
|
|
X |
| State |
Assault |
Consent |
Definitions |
Cases |
| DE |
11 Del Code 611 (3rd degree) |
11 Del. Code 452 Consent of victim to inflictions of physical injury as defense |
11 Del Code 222 |
|
| 11 Del Code 612 (2nd degree) |
| 11 Del Code 613 (1st degree) |
| 11 Del Code 603 (reckless endangering 2nd degree) |
| 11 Del Code 604 (reckless endangering 1st degree) |
| Assault and Battery Combined |
Assault and Battery Separate |
Consent Complete Defense Assault |
Consent Limited Defense Assault |
Consent No Defense Assault |
Consent Mitigation Assault |
Consent Complete Defense Battery |
Consent Limited Defense Battery |
Consent No Defense Battery |
Consent Mitigation Battery |
No Information Assault |
No Information Battery |
| |
X |
|
X |
|
|
|
X |
|
|
|
|
| State |
Assault |
Consent |
Definitions |
Cases |
| DC |
22-404 (Assault) |
|
No definitions section in this particular subchapter – “Serious bodily injury” defined elsewhere |
|
| 22-404.01 (Aggravated Assault) |
| 22-407 (threats of bodily harm) |
| |
| Assault and Battery Combined |
Assault and Battery Separate |
Consent Complete Defense Assault |
Consent Limited Defense Assault |
Consent No Defense Assault |
Consent Mitigation Assault |
Consent Complete Defense Battery |
Consent Limited Defense Battery |
Consent No Defense Battery |
Consent Mitigation Battery |
No Information Assault |
No Information Battery |
| X |
|
|
X |
|
|
|
X |
|
|
|
|
| State |
Assault |
Consent |
Definitions |
Cases |
| FL |
784.011 Assault |
|
|
|
| 784.021 Aggravated Assault |
| 784.03 Battery, Felony battery |
| 784.045 Aggravated Battery |
| |
| Assault and Battery Combined |
Assault and Battery Separate |
Consent Complete Defense Assault |
Consent Limited Defense Assault |
Consent No Defense Assault |
Consent Mitigation Assault |
Consent Complete Defense Battery |
Consent Limited Defense Battery |
Consent No Defense Battery |
Consent Mitigation Battery |
No Information Assault |
No Information Battery |
| |
X |
|
|
|
|
|
X |
|
|
X |
|
| State |
Assault |
Consent |
Definitions |
Cases |
| GA |
16-5-20 Simple Assault |
|
Definitions contained within the statutes |
|
| 16-5-23 Simple Battery |
| 16-5-23.1 Battery |
| Assault and Battery Combined |
Assault and Battery Separate |
Consent Complete Defense Assault |
Consent Limited Defense Assault |
Consent No Defense Assault |
Consent Mitigation Assault |
Consent Complete Defense Battery |
Consent Limited Defense Battery |
Consent No Defense Battery |
Consent Mitigation Battery |
No Information Assault |
No Information Battery |
| |
X |
|
|
|
|
|
|
|
X |
X |
|
| Assault and Battery Combined |
Assault and Battery Separate |
Consent Complete Defense Assault |
Consent Limited Defense Assault |
Consent No Defense Assault |
Consent Mitigation Assault |
Consent Complete Defense Battery |
Consent Limited Defense Battery |
Consent No Defense Battery |
Consent Mitigation Battery |
No Information Assault |
No Information Battery |
| X |
|
|
|
|
X |
|
|
|
|
|
X |
| State |
Assault |
Consent |
Definitions |
Cases |
| HI |
707-710 Assault 1st degree |
702-734 Consent to Bodily Injury |
707-700 definitions related to offenses against the person |
|
| 707-711 Assault 2nd degree |
| 707-712 Assault 3rd degree |
| 707-713 Reckless Endangering 1st degree |
| 707-714 Reckless Endangering 2nd degree |
| Assault and Battery Combined |
Assault and Battery Separate |
Consent Complete Defense Assault |
Consent Limited Defense Assault |
Consent No Defense Assault |
Consent Mitigation Assault |
Consent Complete Defense Battery |
Consent Limited Defense Battery |
Consent No Defense Battery |
Consent Mitigation Battery |
No Information Assault |
No Information Battery |
| X |
|
|
|
|
X |
|
X |
|
|
|
|
| State |
Assault |
Consent |
Definitions |
Cases |
| ID |
18-902 Assault |
|
18-101, 18-101A (both are “Definitions” sections) |
|
| 18-904 Battery |
18-901 “Assault” |
| 18-906 Aggravated Assault |
18-903 “Battery” |
| 18-908 Aggravated Battery |
18-905 “Aggravated Assault” |
| |
18-907 “Aggravated Battery” |
| Assault and Battery Combined |
Assault and Battery Separate |
Consent Complete Defense Assault |
Consent Limited Defense Assault |
Consent No Defense Assault |
Consent Mitigation Assault |
Consent Complete Defense Battery |
Consent Limited Defense Battery |
Consent No Defense Battery |
Consent Mitigation Battery |
No Information Assault |
No Information Battery |
| |
X |
|
|
|
|
|
|
|
|
X |
X |
| State |
Assault |
Consent |
Definitions |
Cases |
| IL |
720 ILCS/21-1 Assault |
|
720 ILCS 5/2 et seq. contains definitions – no good definitions of “serious bodily injury” |
|
| 720 ILCS/21-2 Aggravated Assault |
| 720 ILCS/21-3 Battery |
| 720 ILCS/21-4 Aggravated Battery |
| 720 ILCS/21-5 Reckless Conduct |
| Assault and Battery Combined |
Assault and Battery Separate |
Consent Complete Defense Assault |
Consent Limited Defense Assault |
Consent No Defense Assault |
Consent Mitigation Assault |
Consent Complete Defense Battery |
Consent Limited Defense Battery |
Consent No Defense Battery |
Consent Mitigation Battery |
No Information Assault |
No Information Battery |
| |
X |
|
X |
|
|
|
X |
|
|
|
|
| State |
Assault |
Consent |
Definitions |
Cases |
| IN |
35-42-2-1 Battery |
|
35-41-1-4 “Bodily Injury” |
|
| 35-42-2-1.5 Aggravated battery |
35-41-1-25 “Serious bodily injury” |
| 35-42-2-2 Criminal recklessness |
|
| Assault and Battery Combined |
Assault and Battery Separate |
Consent Complete Defense Assault |
Consent Limited Defense Assault |
Consent No Defense Assault |
Consent Mitigation Assault |
Consent Complete Defense Battery |
Consent Limited Defense Battery |
Consent No Defense Battery |
Consent Mitigation Battery |
No Information Assault |
No Information Battery |
| X |
|
|
|
|
|
|
X |
|
|
X |
|
| State |
Assault |
Consent |
Definitions |
Cases |
| IA |
708.1 Assault Defined |
|
708.1 Assault Defined |
|
| 708.2 Penalties for Assault |
| Assault and Battery Combined |
Assault and Battery Separate |
Consent Complete Defense Assault |
Consent Limited Defense Assault |
Consent No Defense Assault |
Consent Mitigation Assault |
Consent Complete Defense Battery |
Consent Limited Defense Battery |
Consent No Defense Battery |
Consent Mitigation Battery |
No Information Assault |
No Information Battery |
| X |
|
|
X |
|
|
|
|
|
|
|
X |
| State |
Assault |
Consent |
Definitions |
Cases |
| KS |
21-3408 Assault |
21-3201 Criminal Intent |
21-3110 Definitions |
|
| 21-3410 Aggravated Assault |
21-3204 Guilt without criminal intent |
| Assault and Battery Combined |
Assault and Battery Separate |
Consent Complete Defense Assault |
Consent Limited Defense Assault |
Consent No Defense Assault |
Consent Mitigation Assault |
Consent Complete Defense Battery |
Consent Limited Defense Battery |
Consent No Defense Battery |
Consent Mitigation Battery |
No Information Assault |
No Information Battery |
| |
X |
|
|
X |
|
|
|
X |
|
|
|
| State |
Assault |
Consent |
Definitions |
Cases |
| KY |
508.010 (1st degree) |
|
500.080 Definitions |
|
| 508.020 (2nd degree) |
| 508.025 (3rd degree) |
| 508.030 (4th degree) |
| 508.060 (wanton endangerment 1st degree) |
| 508.070 (wanton endangerment 2nd degree) |
| |
| Assault and Battery Combined |
Assault and Battery Separate |
Consent Complete Defense Assault |
Consent Limited Defense Assault |
Consent No Defense Assault |
Consent Mitigation Assault |
Consent Complete Defense Battery |
Consent Limited Defense Battery |
Consent No Defense Battery |
Consent Mitigation Battery |
No Information Assault |
No Information Battery |
| |
X |
|
X |
|
|
|
X |
|
|
|
|
| State |
Assault |
Consent |
Definitions |
Cases |
| LA |
14:38 Simple Assault |
|
14:2 definitions |
|
| 14:37 Aggravated Assault |
14:33 Battery Defined |
| |
14:36 Assault Defined |
| Assault and Battery Combined |
Assault and Battery Separate |
Consent Complete Defense Assault |
Consent Limited Defense Assault |
Consent No Defense Assault |
Consent Mitigation Assault |
Consent Complete Defense Battery |
Consent Limited Defense Battery |
Consent No Defense Battery |
Consent Mitigation Battery |
No Information Assault |
No Information Battery |
| |
X |
|
|
|
|
|
X |
|
|
X |
|
| State |
Assault |
Consent |
Definitions |
Cases |
| ME |
Tit. 17A Sec. 207 Assault |
|
Title 17A Sec. 2 (Bodily Injury, Serious Bodily Injury, Recklessly) |
|
| 17A sec. 208 Aggravated Assault |
| 17A Sec. 211 Reckless Conduct |
| |
| Assault and Battery Combined |
Assault and Battery Separate |
Consent Complete Defense Assault |
Consent Limited Defense Assault |
Consent No Defense Assault |
Consent Mitigation Assault |
Consent Complete Defense Battery |
Consent Limited Defense Battery |
Consent No Defense Battery |
Consent Mitigation Battery |
No Information Assault |
No Information Battery |
| |
X |
|
|
|
|
|
X |
|
|
X |
|
| State |
Assault |
Consent |
Definitions |
Cases |
| MD |
3-202 (1st degree) |
3-207 (dismissal possible if both victim and defendant agree) |
3-201 Definitions |
|
| 3-203 (2nd degree) |
3-209 defenses |
| 3-204 reckless endangerment |
|
| Assault and Battery Combined |
Assault and Battery Separate |
Consent Complete Defense Assault |
Consent Limited Defense Assault |
Consent No Defense Assault |
Consent Mitigation Assault |
Consent Complete Defense Battery |
Consent Limited Defense Battery |
Consent No Defense Battery |
Consent Mitigation Battery |
No Information Assault |
No Information Battery |
| X |
|
|
X |
|
|
X |
|
|
X (Affrays) |
|
|
| State |
Assault |
Consent |
Definitions |
Cases |
| MA |
Ch. 265 sec. 13A Assault or Assault and Battery |
|
None direct, but analogous to ch. 265 sec. 13K |
|
| Assault and Battery Combined |
Assault and Battery Separate |
Consent Complete Defense Assault |
Consent Limited Defense Assault |
Consent No Defense Assault |
Consent Mitigation Assault |
Consent Complete Defense Battery |
Consent Limited Defense Battery |
Consent No Defense Battery |
Consent Mitigation Battery |
No Information Assault |
No Information Battery |
| |
X |
|
X |
|
|
|
X |
|
|
|
|
| State |
Assault |
Consent |
Definitions |
Cases |
| MI |
750.81 Assault |
|
“Serious Injury” defined in the caselaw |
|
| 750.81a w/infliction of serious injury |
| |
| Assault and Battery Combined |
Assault and Battery Separate |
Consent Complete Defense Assault |
Consent Limited Defense Assault |
Consent No Defense Assault |
Consent Mitigation Assault |
Consent Complete Defense Battery |
Consent Limited Defense Battery |
Consent No Defense Battery |
Consent Mitigation Battery |
No Information Assault |
No Information Battery |
| |
X |
|
|
|
|
|
|
|
|
|
|
| State |
Assault |
Consent |
Definitions |
Cases |
| MN |
609.221 (1st degree) |
|
609.02 Definitions |
|
| 609-222 (2nd degree) |
| 609-223 (3rd degree) |
| 609-2231 (4th degree) |
| 609.224 (5th degree) |
| |
| Assault and Battery Combined |
Assault and Battery Separate |
Consent Complete Defense Assault |
Consent Limited Defense Assault |
Consent No Defense Assault |
Consent Mitigation Assault |
Consent Complete Defense Battery |
Consent Limited Defense Battery |
Consent No Defense Battery |
Consent Mitigation Battery |
No Information Assault |
No Information Battery |
| X |
|
|
|
|
|
X |
|
|
|
X |
|
| State |
Assault |
Consent |
Definitions |
Cases |
| MS |
97-3-7 Simple and Aggravated Assault |
|
|
|
| Assault and Battery Combined |
Assault and Battery Separate |
Consent Complete Defense Assault |
Consent Limited Defense Assault |
Consent No Defense Assault |
Consent Mitigation Assault |
Consent Complete Defense Battery |
Consent Limited Defense Battery |
Consent No Defense Battery |
Consent Mitigation Battery |
No Information Assault |
No Information Battery |
| X |
|
|
X |
|
|
|
X |
|
|
|
|
| State |
Assault |
Consent |
Definitions |
Cases |
| MO |
565.050 (1st degree) |
565.08 |
565.002 (Serious physical injury) |
|
| 565.060 (2nd degree) |
| 565.070 (3rd degree) |
| Assault and Battery Combined |
Assault and Battery Separate |
Consent Complete Defense Assault |
Consent Limited Defense Assault |
Consent No Defense Assault |
Consent Mitigation Assault |
Consent Complete Defense Battery |
Consent Limited Defense Battery |
Consent No Defense Battery |
Consent Mitigation Battery |
No Information Assault |
No Information Battery |
| X |
|
|
X |
|
|
X |
|
|
|
|
|
| State |
Assault |
Consent |
Definitions |
Cases |
| MT |
45-5-201 Assault |
45-2-211 Consent as a Defense |
45-2-101 General definitions |
|
| 45-5-202 Aggravated Assault |
| 45-5-207 Criminal Endangerment |
| 45-5-208 Negligent Endangerment |
| Assault and Battery Combined |
Assault and Battery Separate |
Consent Complete Defense Assault |
Consent Limited Defense Assault |
Consent No Defense Assault |
Consent Mitigation Assault |
Consent Complete Defense Battery |
Consent Limited Defense Battery |
Consent No Defense Battery |
Consent Mitigation Battery |
No Information Assault |
No Information Battery |
| X |
|
|
X |
|
|
|
X |
|
|
|
|
| State |
Assault |
Consent |
Definitions |
Cases |
| NE |
28-308 (1st degree) |
|
28-109 (Serious Bodily Injury) |
|
| 28-309 (2nd degree) |
| 28-310 (3rd degree) |
| Assault and Battery Combined |
Assault and Battery Separate |
Consent Complete Defense Assault |
Consent Limited Defense Assault |
Consent No Defense Assault |
Consent Mitigation Assault |
Consent Complete Defense Battery |
Consent Limited Defense Battery |
Consent No Defense Battery |
Consent Mitigation Battery |
No Information Assault |
No Information Battery |
| X |
|
|
|
|
X |
|
X |
|
|
|
|
| State |
Assault |
Consent |
Definitions |
Cases |
| NV |
200.471 Assault, Definitions, Penalties |
|
|
|
| 200.481 Battery, Definitions, Penalties |
| Assault and Battery Combined |
Assault and Battery Separate |
Consent Complete Defense Assault |
Consent Limited Defense Assault |
Consent No Defense Assault |
Consent Mitigation Assault |
Consent Complete Defense Battery |
Consent Limited Defense Battery |
Consent No Defense Battery |
Consent Mitigation Battery |
No Information Assault |
No Information Battery |
| |
X |
|
|
|
|
|
|
|
|
X |
X |
| State |
Assault |
Consent |
Definitions |
Cases |
| NH |
631:1 (1st degree) |
626:6 Consent (similar to MPC) |
625:11 General definitions |
|
| 631:2 (2nd degree) |
| 631:2-a (Simple assault) |
| 631:3 Reckless Conduct |
| Assault and Battery Combined |
Assault and Battery Separate |
Consent Complete Defense Assault |
Consent Limited Defense Assault |
Consent No Defense Assault |
Consent Mitigation Assault |
Consent Complete Defense Battery |
Consent Limited Defense Battery |
Consent No Defense Battery |
Consent Mitigation Battery |
No Information Assault |
No Information Battery |
| |
X |
|
|
|
X |
|
X |
|
|
|
|
| State |
Assault |
Consent |
Definitions |
Cases |
| NJ |
2C:12-1 (Assault) |
2C:2-10 (Lifted from the MPC) |
2C:3-11 (bodily harm, serious bodily harm) |
|
| 2C:12-2 (reckless endangerment) |
| Assault and Battery Combined |
Assault and Battery Separate |
Consent Complete Defense Assault |
Consent Limited Defense Assault |
Consent No Defense Assault |
Consent Mitigation Assault |
Consent Complete Defense Battery |
Consent Limited Defense Battery |
Consent No Defense Battery |
Consent Mitigation Battery |
No Information Assault |
No Information Battery |
| |
X |
|
|
|
X |
|
X |
|
|
|
|
| State |
Assault |
Consent |
Definitions |
Cases |
| NM |
30-3-1 Assault |
|
30-1-12 (Great Bodily Harm) |
|
| 30-3-2 Aggravated Assault |
| 30-3-3 Assault with intent to commit violent felony |
| 30-3-4 Battery |
| 30-3-5 Aggravated Battery |
| Assault and Battery Combined |
Assault and Battery Separate |
Consent Complete Defense Assault |
Consent Limited Defense Assault |
Consent No Defense Assault |
Consent Mitigation Assault |
Consent Complete Defense Battery |
Consent Limited Defense Battery |
Consent No Defense Battery |
Consent Mitigation Battery |
No Information Assault |
No Information Battery |
| |
X |
|
|
|
|
|
X |
|
|
X |
|
| State |
Assault |
Consent |
Definitions |
Cases |
| NY |
Penal Law 120.00 (3rd degree) |
|
Penal Law 10.00 (Serious Physical Injury, |
|
| Penal Law 120.05 (2nd degree) |
| Penal Law 120.10 (1st degree) |
| Penal Law 120.20 (Reckless Endangerment 2nd degree) |
| Penal Law 120.25 (Reckless Endangerment 1st degree) |
| Assault and Battery Combined |
Assault and Battery Separate |
Consent Complete Defense Assault |
Consent Limited Defense Assault |
Consent No Defense Assault |
Consent Mitigation Assault |
Consent Complete Defense Battery |
Consent Limited Defense Battery |
Consent No Defense Battery |
Consent Mitigation Battery |
No Information Assault |
No Information Battery |
| X |
|
|
X |
|
|
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X |
| State |
Assault |
Consent |
Definitions |
Cases |
| NC |
14-32.4 (Assault inflicting serious injury, Strangulation) |
|
Definitions contained in the assault statutes |
|
| 14-33 (Misdemeanor assults, batteries, affrays) |
| Assault and Battery Combined |
Assault and Battery Separate |
Consent Complete Defense Assault |
Consent Limited Defense Assault |
Consent No Defense Assault |
Consent Mitigation Assault |
Consent Complete Defense Battery |
Consent Limited Defense Battery |
Consent No Defense Battery |
Consent Mitigation Battery |
No Information Assault |
No Information Battery |
| X |
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X |
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X |
|
| State |
Assault |
Consent |
Definitions |
Cases |
| ND |
12.1-17-01 Simple Assault |
12.1-17-08 Consent as a Defense (very similar to MPC) |
12.1-01-04 General Definitions |
|
| 12.1-17-01.1 Assault |
| 12.1-17-02 Aggravated Assault |
| 12.1-17-03 Reckless Endangering |
| Assault and Battery Combined |
Assault and Battery Separate |
Consent Complete Defense Assault |
Consent Limited Defense Assault |
Consent No Defense Assault |
Consent Mitigation Assault |
Consent Complete Defense Battery |
Consent Limited Defense Battery |
Consent No Defense Battery |
Consent Mitigation Battery |
No Information Assault |
No Information Battery |
| |
X |
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X |
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X |
|
| State |
Assault |
Consent |
Definitions |
Cases |
| OH |
2903.13 Assault |
2901.21 Requirements for Criminal Liability |
2901.01 |
|
| 2903.11 Felonious Assault |
| 2903.12 Aggravated Assault |
| 2903.14 Negligent Assault |
| Assault and Battery Combined |
Assault and Battery Separate |
Consent Complete Defense Assault |
Consent Limited Defense Assault |
Consent No Defense Assault |
Consent Mitigation Assault |
Consent Complete Defense Battery |
Consent Limited Defense Battery |
Consent No Defense Battery |
Consent Mitigation Battery |
No Information Assault |
No Information Battery |
| |
X |
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X |
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X |
|
| State |
Assault |
Consent |
Definitions |
Cases |
| OK |
644 Assault and Battery |
|
641 Assault |
|
| 645 Assault and Battery with a Dangerous Weapon |
642 Battery |
| 646 Aggravated Assault and battery |
|
| 647 Punishment for Aggravated Assault and Battery |
|
| Assault and Battery Combined |
Assault and Battery Separate |
Consent Complete Defense Assault |
Consent Limited Defense Assault |
Consent No Defense Assault |
Consent Mitigation Assault |
Consent Complete Defense Battery |
Consent Limited Defense Battery |
Consent No Defense Battery |
Consent Mitigation Battery |
No Information Assault |
No Information Battery |
| |
X |
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X |
X |
| State |
Assault |
Consent |
Definitions |
Cases |
| OR |
163.160 (4th degree) |
|
161.015 Definitions |
|
| 163.165 (3rd degree) |
| 163.175 (2nd degree) |
| 163.185 (1st degree) |
| |
| Assault and Battery Combined |
Assault and Battery Separate |
Consent Complete Defense Assault |
Consent Limited Defense Assault |
Consent No Defense Assault |
Consent Mitigation Assault |
Consent Complete Defense Battery |
Consent Limited Defense Battery |
Consent No Defense Battery |
Consent Mitigation Battery |
No Information Assault |
No Information Battery |
| X |
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X |
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X |
|
| State |
Assault |
Consent |
Definitions |
Cases |
| PA |
2701 Simple Assault |
Seemingly allowed in the caselaw |
2301 Definitions |
|
| 2702 Aggravated Assault |
| 2705 Reckless Endangerment |
| Assault and Battery Combined |
Assault and Battery Separate |
Consent Complete Defense Assault |
Consent Limited Defense Assault |
Consent No Defense Assault |
Consent Mitigation Assault |
Consent Complete Defense Battery |
Consent Limited Defense Battery |
Consent No Defense Battery |
Consent Mitigation Battery |
No Information Assault |
No Information Battery |
| X |
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X |
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X |
|
| Assault and Battery Combined |
Assault and Battery Separate |
Consent Complete Defense Assault |
Consent Limited Defense Assault |
Consent No Defense Assault |
Consent Mitigation Assault |
Consent Complete Defense Battery |
Consent Limited Defense Battery |
Consent No Defense Battery |
Consent Mitigation Battery |
No Information Assault |
No Information Battery |
| X |
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X |
X |
| State |
Assault |
Consent |
Definitions |
Cases |
| RI |
11-5-1 Assault with intent to commit felonies (incl. sodomy) |
|
|
|
| 11-5-2 Felony Assault |
| 11-5-3 Simple Assault, Battery |
| |
| Assault and Battery Combined |
Assault and Battery Separate |
Consent Complete Defense Assault |
Consent Limited Defense Assault |
Consent No Defense Assault |
Consent Mitigation Assault |
Consent Complete Defense Battery |
Consent Limited Defense Battery |
Consent No Defense Battery |
Consent Mitigation Battery |
No Information Assault |
No Information Battery |
| |
X |
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|
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X |
X |
| State |
Assault |
Consent |
Definitions |
Cases |
| SC |
No statute? |
|
|
|
| Assault and Battery Combined |
Assault and Battery Separate |
Consent Complete Defense Assault |
Consent Limited Defense Assault |
Consent No Defense Assault |
Consent Mitigation Assault |
Consent Complete Defense Battery |
Consent Limited Defense Battery |
Consent No Defense Battery |
Consent Mitigation Battery |
No Information Assault |
No Information Battery |
| |
X |
|
|
X |
|
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X |
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| State |
Assault |
Consent |
Definitions |
Cases |
| SD |
22-18-1 (Simple Assault) |
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22-1-2 (Serious bodily injury) |
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| 22-18-1.1 (Aggravated Assault) |
| Assault and Battery Combined |
Assault and Battery Separate |
Consent Complete Defense Assault |
Consent Limited Defense Assault |
Consent No Defense Assault |
Consent Mitigation Assault |
Consent Complete Defense Battery |
Consent Limited Defense Battery |
Consent No Defense Battery |
Consent Mitigation Battery |
No Information Assault |
No Information Battery |
| X |
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X |
X |
| State |
Assault |
Consent |
Definitions |
Cases |
| TN |
39-13-101 Assault |
39-13-104 Consent (very much like MPC) |
39-11-106 Definitions |
|
| 39-13-102 Aggravated Assault |
| 39-13-103 Reckless Endangering |
| State |
Assault and Battery Combined |
Assault and Battery Separate |
Consent Complete Defense Assault |
Consent Limited Defense Assault |
Consent No Defense Assault |
Consent Mitigation Assault |
Consent Complete Defense Battery |
Consent Limited Defense Battery |
Consent No Defense Battery |
Consent Mitigation Battery |
No Information Assault |
No Information Battery |
| Tennessee |
X |
|
|
X |
|
|
|
X |
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| State |
Assault |
Consent |
Definitions |
Cases |
| TX |
Penal Code 22.01 Assault |
Penal Code 22.06 Consent as a defense to assaultive conduct |
Penal Code 1.07 |
|
| Penal Code 22.02 Aggravated Assault |
| |
| Assault and Battery Combined |
Assault and Battery Separate |
Consent Complete Defense Assault |
Consent Limited Defense Assault |
Consent No Defense Assault |
Consent Mitigation Assault |
Consent Complete Defense Battery |
Consent Limited Defense Battery |
Consent No Defense Battery |
Consent Mitigation Battery |
No Information Assault |
No Information Battery |
| X |
|
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X |
|
|
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X |
|
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|
|
| State |
Assault |
Consent |
Definitions |
Cases |
| UT |
76-5-102 Assault |
76-5-104 Consensual Altercation |
76-1-601 Definitions |
|
| 76-5-103 Aggravated Assault |
| Assault and Battery Combined |
Assault and Battery Separate |
Consent Complete Defense Assault |
Consent Limited Defense Assault |
Consent No Defense Assault |
Consent Mitigation Assault |
Consent Complete Defense Battery |
Consent Limited Defense Battery |
Consent No Defense Battery |
Consent Mitigation Battery |
No Information Assault |
No Information Battery |
| X |
|
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X |
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X |
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|
| State |
Assault |
Consent |
Definitions |
Cases |
| VT |
13 VSA 1023 Simple Assault |
|
13 VSA 1021 Definitions |
|
| 13 VSA 1024 Aggravated Assault |
| 13 VSA 1025 Recklessly endangering |
| |
| Assault and Battery Combined |
Assault and Battery Separate |
Consent Complete Defense Assault |
Consent Limited Defense Assault |
Consent No Defense Assault |
Consent Mitigation Assault |
Consent Complete Defense Battery |
Consent Limited Defense Battery |
Consent No Defense Battery |
Consent Mitigation Battery |
No Information Assault |
No Information Battery |
| X |
|
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X |
|
|
|
X |
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|
| VT |
13 VSA 1023 Simple Assault |
|
13 VSA 1021 Definitions |
|
| 13 VSA 1024 Aggravated Assault |
| 13 VSA 1025 Recklessly endangering |
| |
| State |
Assault and Battery Combined |
Assault and Battery Separate |
Consent Complete Defense Assault |
Consent Limited Defense Assault |
Consent No Defense Assault |
Consent Mitigation Assault |
Consent Complete Defense Battery |
Consent Limited Defense Battery |
Consent No Defense Battery |
Consent Mitigation Battery |
No Information Assault |
No Information Battery |
| Vermont |
X |
|
|
X |
|
X (mutual combat) |
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X |
| Assault and Battery Combined |
Assault and Battery Separate |
Consent Complete Defense Assault |
Consent Limited Defense Assault |
Consent No Defense Assault |
Consent Mitigation Assault |
Consent Complete Defense Battery |
Consent Limited Defense Battery |
Consent No Defense Battery |
Consent Mitigation Battery |
No Information Assault |
No Information Battery |
| |
X |
|
|
X |
|
|
|
X |
|
|
|
| State |
Assault |
Consent |
Definitions |
Cases |
| VA |
18.2-57 Assault and Battery |
|
|
|
| Assault and Battery Combined |
Assault and Battery Separate |
Consent Complete Defense Assault |
Consent Limited Defense Assault |
Consent No Defense Assault |
Consent Mitigation Assault |
Consent Complete Defense Battery |
Consent Limited Defense Battery |
Consent No Defense Battery |
Consent Mitigation Battery |
No Information Assault |
No Information Battery |
| X |
|
|
X |
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X |
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| State |
Assault |
Consent |
Definitions |
Cases |
| WA |
9A.36.011 (1st degree) |
|
9A.04.110 (Bodily Harm, Great Bodily Harm) |
|
| 9A.36.021 (2nd degree) |
| 9A.36.031 (3rd degree) |
| 9A.36.041 (4th degree) |
| 9A.36.050 (Reckless Endangerment) |
| State |
Assault and Battery Combined |
Assault and Battery Separate |
Consent Complete Defense Assault |
Consent Limited Defense Assault |
Consent No Defense Assault |
Consent Mitigation Assault |
Consent Complete Defense Battery |
Consent Limited Defense Battery |
Consent No Defense Battery |
Consent Mitigation Battery |
No Information Assault |
No Information Battery |
| Washington |
X |
|
|
X |
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X |
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|
| State |
Assault |
Consent |
Definitions |
Cases |
| WV |
61-2-9 Malicious or unlawful assault; assault; battery |
|
|
|
| Assault and Battery Combined |
Assault and Battery Separate |
Consent Complete Defense Assault |
Consent Limited Defense Assault |
Consent No Defense Assault |
Consent Mitigation Assault |
Consent Complete Defense Battery |
Consent Limited Defense Battery |
Consent No Defense Battery |
Consent Mitigation Battery |
No Information Assault |
No Information Battery |
| |
X |
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X |
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X |
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|
| State |
Assault |
Consent |
Definitions |
Cases |
| WI |
940.19 Battery, Substantial Battery, Aggravated Battery |
|
939.22 Words and Phrases Defined |
|
| 940.23 Reckless Injury |
939.24 Criminal Recklessness |
| Assault and Battery Combined |
Assault and Battery Separate |
Consent Complete Defense Assault |
Consent Limited Defense Assault |
Consent No Defense Assault |
Consent Mitigation Assault |
Consent Complete Defense Battery |
Consent Limited Defense Battery |
Consent No Defense Battery |
Consent Mitigation Battery |
No Information Assault |
No Information Battery |
| X |
|
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|
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|
|
X |
|
|
X |
|
| State |
Assault |
Consent |
Definitions |
Cases |
| WY |
6-2-501 Simple Assault, Battery |
|
6-1-104 (Bodily Injury, Serious Bodily Injury, Recklessly) |
|
| 6-2-502 Aggravated Assault, Battery |
| 6-2-504 Reckless Endangering |
| State |
Assault and Battery Combined |
Assault and Battery Separate |
Consent Complete Defense Assault |
Consent Limited Defense Assault |
Consent No Defense Assault |
Consent Mitigation Assault |
Consent Complete Defense Battery |
Consent Limited Defense Battery |
Consent No Defense Battery |
Consent Mitigation Battery |
No Information Assault |
No Information Battery |
| Wyoming |
|
X |
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X |
X |
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