MODEL PENAL CODE ANNOTATED
 

MODEL PENAL CODE

 
Section 3.11. Definitions.

  In this Article, unless a different meaning plainly is required:

   (1) "unlawful force" means force, including confinement, which is employed without the consent of the person against whom it is directed and the employment of which constitutes an offense or actionable tort or would constitute such offense or tort except for a defense (such as the absence of intent, negligence, or mental capacity;  duress;  youth;  or diplomatic status) not amounting to a privilege to use the force.  Assent constitutes consent, within the meaning of this Section, whether or not it otherwise is legally effective, except assent to the infliction of death or serious bodily harm.

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