Tennessee Code Annotated

Tenn. Code Ann. § 39-13-104 (2026)

Effective consent

✓ current as of May 2026

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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

(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.

Acts 1992, ch. 673, § 1.

Notes of Decisions

Cited in 4 cases, 1998–2011 · leading case: State v. Cattone, 968 S.W.2d 277 (Tenn. 1998).

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State v. Cattone, 968 S.W.2d 277 (Tenn. 1998). · cites it 2× “CONCLUSION Count I is dismissed for improperly aggregating the value of services allegedly stolen from different individuals under Tenn.Code Ann. § 39-13-104. The trial court ⅛ order dismissing counts II, III and IV is set aside, and the indictment is reinstated on those counts.”

State of Tennessee v. Gregory Dunnorm (Tenn. Crim. App. 2002). · cites it 7× “” Tenn. Code Ann. § 39-13-104 , Sentencing Commission Comments; see also State v.”

State of Tennessee v. Michael Anthony Saunders (Tenn. Crim. App. 2011). · cites it 2× “M2009-02462-CCA-R3-CD - Filed September 13, 2011 A Dickson County Circuit Court jury convicted the defendant, Michael Anthony Saunders, of one count of aggravated assault, see T.C.A. § 39-13-104(a)(1)(B) (2006), and one count of vandalism of property valued at $1,000 or more but…”

State of Tennessee v. Donald E. Bryant (Tenn. Crim. App. 2002). · cites it 2× “Defendant cites Tennessee Code Annotated section 39-13-104, which provides: Effective consent.”

— Tenn. Code Ann. § 39-13-104(a)(1)(B) — 1 case

State of Tennessee v. Michael Anthony Saunders (Tenn. Crim. App. 2011). “M2009-02462-CCA-R3-CD - Filed September 13, 2011 A Dickson County Circuit Court jury convicted the defendant, Michael Anthony Saunders, of one count of aggravated assault, see T.C.A. § 39-13-104(a)(1)(B) (2006), and one count of vandalism of property valued at $1,000 or more but…”

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