Delaware Code
11 Del. C. § 452 (2026)
Consent of victim to inflictions of physical injury as defense
✓ current as of May 2026
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In any prosecution for an offense involving or threatening physical injury, it is a defense that the victim consented to the infliction of physical injury of the kind done or threatened, provided that:
(1) The physical injury done or threatened by the conduct consented to is not serious physical injury; or
(2) The physical injury done or threatened is a reasonably foreseeable hazard of joint participation in any concerted activity, athletic contest or sport not prohibited by law.
11 Del. C. 1953, § 452; 58 Del. Laws, c. 497, § 1;Notes of Decisions
Cited in 1
case, 2018–2018 · leading case: Schaffer v. State (Del. 2018).
Schaffer v. State (Del. 2018). “12 See 11 Del. C. § 452 (“In any prosecution for an offense involving or threatening physical injury, it is a defense that the victim consented to the infliction of physical injury of the kind done or threatened, provided that .”
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