TCA 39-13-104
Effective consent
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What does this charge mean?
This statute allows someone to use "effective consent" as a legal defense when they're charged with an offense that causes bodily injury—but only under specific conditions. Consent works as a defense only if: (1) the injury is not serious bodily injury; and (2) the injury is a reasonably foreseeable risk of a lawful athletic contest, sport, or other legal activity that both people agreed to participate in. You cannot legally consent to serious bodily injury or death, even if you want to.
Penalty Details
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Penalty SummaryClassification not specified
When conduct is charged to constitute an offense under this part because it causes or threatens bodily injury, effective consent to such conduct or to the infliction of such injury is a defense, if: (1) The bodily injury consented to or threatened by the conduct consented to is not serious bodily injury; or (A) A substantial risk of death. See Tennessee Code 39-11-106(2) The conduct and the harm are reasonably foreseeable hazards: (A) Of joint participation in a lawful athletic contest or competitive sport; or (B) For any concerted activity of a kind not forbidden by law.
View on official sourceLast verified: Feb 25, 2026
Quick Facts
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TCA Section39-13-104