46.3523 Consent as a defense.

Cite as [A.S.C.A. § 46.3523]

(a) When conduct is charged to constitute an offense because it causes or threatens physical injury, consent to that conduct or to the infliction of the injury is a defense only if:

(1) the physical injury consented to or threatened by the conduct is not serious physical injury; or

(2) the conduct and the harm are reasonably foreseeable hazards of:

(A) the victim's occupation or profession; or

(B) Joint participation in a lawful athletic contest or competitive sport; or

(3) the consent establishes a justification for the conduct tinder 46.3301 et seq.

(b) The defendant has the burden of injecting the issue of consent.

History: 1979, PL 16-43 § 2.

Case Notes:

American Samoa's criminal law does not, except in a few extraordinary circumstances, allow consent as a justification for the infliction of serious injuries. A.S.C.A. § 46.3523. Galea`i v. Atofau, 16 A.S.R.2d 76 (1990).

Research Guide: MCC 565 080.