Article III. Affirmative Defenses and Justifiable Use of Force
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26.05.170 Consent.
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(1) The complainant’s or victim’s consent to the performance of the conduct constituting an offense or to the result is an affirmative defense which must be proved by the defendant by a preponderance of the evidence.
(2) Consent is ineffective if:
(a) It is given by a person who is not legally authorized to approve of the conduct constituting an offense;
(b) It is given by a person who by reason of youth, mental impairment, or mental incapacitation is unable to make a reasonable judgment as to the nature or harmfulness of the conduct charged;
(c) It is induced by force, duress, or deception; or
(d) It is against public policy to permit the conduct or the resulting harm, even though consent was given.