New Jersey § 2c:2-10

§ 2c:2-10.

a. In general. The consent of the victim to conduct charged to constitute an offense or to the

result thereof is a defense if such consent negatives an element of the offense or

precludes the infliction of the harm or evil sought to be prevented by the law defining

the offense. b. Consent to bodily harm. When conduct is charged to constitute an offense because it causes or threatens

bodily harm, consent to such conduct or to the infliction of such harm is a defense

if: (1) The bodily harm consented to or threatened by the conduct consented to is not

serious; or (2) The conduct and the harm are reasonably foreseeable hazards of joint participation

in a concerted activity of a kind not forbidden by law; or (3) The consent establishes a justification for the conduct under chapter 3 of the

code. c. Ineffective consent. Unless otherwise provided by the code or by the law defining the offense, assent

does not constitute consent if: (1) It is given by a person who is legally incompetent to authorize the conduct charged

to constitute the offense; or (2) It is given by a person who by reason of youth, mental disease or defect or intoxication

is manifestly unable or known by the actor to be unable to make a reasonable judgment

as to the nature of harmfulness of the conduct charged to constitute an offense;

or (3) It is induced by force, duress or deception of a kind sought to be prevented by

the law defining the offense.