Tex. Codes » Penal Code · TITLE 5. OFFENSES AGAINST THE PERSON · CHAPTER 22. ASSAULTIVE OFFENSES
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Tex. Penal Code § 22.06 (2026)

Consent As Defense To Assaultive Conduct

✓ current as of May 2026
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Sec. 22.06. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. (a) The victim's effective consent or the actor's reasonable belief that the victim consented to the actor's conduct is a defense to prosecution under Section 22.01 (Assault), 22.02 (Aggravated Assault), or 22.05 (Deadly Conduct) if:

(1) the conduct did not threaten or inflict serious bodily injury; or

(2) the victim knew the conduct was a risk of:

(A) his occupation;

(B) recognized medical treatment; or

(C) a scientific experiment conducted by recognized methods.

(b) The defense to prosecution provided by Subsection (a) is not available to a defendant who commits an offense described by Subsection (a) as a condition of the defendant's or the victim's initiation or continued membership in a criminal street gang, as defined by Section 71.01.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 273 (H.B. 184), Sec. 1, eff. September 1, 2007.

Notes of Decisions
Cited in 48 cases (7 in the last 5 years), 1983–2026 · leading case: Bufkin v. State, 207 S.W.3d 779 (Tex. Crim. App. 2006).
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Bufkin v. State, 207 S.W.3d 779 (Tex. Crim. App. 2006). · cites it 2× “" See Tex. Pen. Code § 22.06(1). 5 . The words "on or about” were not defined in the charge.”
Tolbert v. State, 306 S.W.3d 776 (Tex. Crim. App. 2010). · cites it 2× “' To obtain review on appeal, complaints involving `law applicable to the case' need not be preserved at trial but `defensive issues' must be preserved.”
Cornet v. State, 359 S.W.3d 217 (Tex. Crim. App. 2012). · cites it 2× “See Tex. Penal Code § 22.06(a)(2)(B) ("The victim's effective consent .”
Allen v. State, 253 S.W.3d 260 (Tex. Crim. App. 2008). “Tex. Penal Code § 22.06 ("The victim’s effective consent or the actor’s reasonable belief that the victim consented to the actor’s conduct is a defense to prosecution under Section 22.”
Davis v. State, 533 S.W.3d 498 (Tex. App. 2017). “Tex. Penal Code Ann. § 22.06 (a)(1) (West, *514 Westlaw through 2015 R.”
Bufkin v. State, 179 S.W.3d 166 (Tex. App. 2005). “Jury Instruction on Consent In his third point of error, appellant complains that the trial court improperly refused to provide a jury instruction on the issue of consent because there was some evidence that Hooper consented to appellant’s actions. Therefore, he avers that the…”
Tanksley v. State, 656 S.W.2d 194 (Tex. App. 1983). · cites it 2× “Appellant’s second ground of error urges effective consent to the assault as set forth in the following language of Tex.Pen. Code Ann. § 22.06: The victim’s effective consent .”
Miller v. State, 312 S.W.3d 209 (Tex. App. 2010). “Tex. Penal Code Ann. § 22.06 (a)(1) (Vernon 2003).”
State v. George, 937 S.W.2d 251 (Mo. Ct. App. 1996). · cites it 2× “1-17-08 (1995); Tex. Penal Code Ann. § 22.06 (West 1996).”
Amaro v. State, 287 S.W.3d 825 (Tex. App. 2009). “Tex. Pen.Code Ann. § 22.06(a)(2)(A) (Vernon Supp.”
Johnson v. State, 227 S.W.3d 180 (Tex. App. 2007). “07(a)(ll), and a defensive charge under Texas Penal Code section 22.06(1), entitled "Consent as a Defense to Assaultive Conduct.”
Valdez v. State, 993 S.W.2d 346 (Tex. App. 1999). “Tex. Penal Code Ann. § 22.06 (Vernon 1994).”
Show all 48 citing cases →
— Tex. Penal Code § 22.06(1) — 6 cases
Bufkin v. State, 207 S.W.3d 779 (Tex. Crim. App. 2006). “" See Tex. Pen. Code § 22.06(1). 5 . The words "on or about” were not defined in the charge.”
Bufkin v. State, 179 S.W.3d 166 (Tex. App. 2005). “Jury Instruction on Consent In his third point of error, appellant complains that the trial court improperly refused to provide a jury instruction on the issue of consent because there was some evidence that Hooper consented to appellant’s actions. Therefore, he avers that the…”
Johnson v. State, 227 S.W.3d 180 (Tex. App. 2007). “07(a)(ll), and a defensive charge under Texas Penal Code section 22.06(1), entitled "Consent as a Defense to Assaultive Conduct.”
State v. Kelly, 166 S.W.3d 905 (Tex. App. 2005).
Bufkin, John Lowell (Tex. Crim. App. 2006).
— Tex. Penal Code § 22.06(2)(A) — 2 cases
Tanksley v. State, 656 S.W.2d 194 (Tex. App. 1983). “Appellant’s second ground of error urges effective consent to the assault as set forth in the following language of Tex.Pen. Code Ann. § 22.06: The victim’s effective consent .”
State v. George, 937 S.W.2d 251 (Mo. Ct. App. 1996). “1-17-08 (1995); Tex. Penal Code Ann. § 22.06 (West 1996).”
— Tex. Penal Code § 22.06(a) — 6 cases
Raul Lopez v. State (Tex. App. 2020).
Chase Craig Hudson v. State (Tex. App. 2016).
Carrington Bates v. State (Tex. App. 2020).
John Michael Poncio v. the State of Texas (Tex. App. 2023).
Jamar Malcolm Archie v. the State of Texas (2026).
— Tex. Penal Code § 22.06(a)(1) — 8 cases
Alfredo Almanza Romero v. State (Tex. App. 2020).
Chase Craig Hudson v. State (Tex. App. 2016).
Carrington Bates v. State (Tex. App. 2020).
Joe Lee Hodges v. State (Tex. App. 2020).
Martel Shanidi Black v. the State of Texas (Tex. App. 2021).
— Tex. Penal Code § 22.06(a)(2)(A) — 2 cases
Amaro v. State, 287 S.W.3d 825 (Tex. App. 2009). “Tex. Pen.Code Ann. § 22.06(a)(2)(A) (Vernon Supp.”
Paul Amaro v. State (Tex. App. 2009).
— Tex. Penal Code § 22.06(a)(2)(B) — 1 case
Cornet v. State, 359 S.W.3d 217 (Tex. Crim. App. 2012). “See Tex. Penal Code § 22.06(a)(2)(B) ("The victim's effective consent .”
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