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The consent of the victim to conduct charged to constitute an offense or to the result thereof is a defense if such consent negates an element of the offense. However, consent is not a defense if the bodily harm consented to or threatened by the offense is serious. Consent that is given by a person who, by reason of youth, mental disease or defect, or intoxication, is unable to make a reasonable judgment is not valid.

Comment: This section is in its original adopted version.

[Res. 10-27-77B, 1977. Prior Code § 5-80-030.]