STATE V. HIOTT- CAN CONSENT CLEAR YOU OF AN ASSAULT CHARGE

Episode Transcript

Speaker 1 (00:00):
Welcome everyone to inside the Badge. We delve deep into
understanding criminal law. So let's get started. Our case today
is the State versus Hyote Hio doublet. The appellant was

(00:25):
convicted of battery for shooting his friend with a BB gun.
The appellant argued that the friend consented to the game
involving the BB gun and thus he was not guilty
of assault. This is the case before US. Richard Hyod
appeals his conviction in juvenile court of assault and third degree.
The assault occurred during a game in which Hyot and
his friend Jose was shooting at each other with a

(00:46):
BB gun. Jose was hit in the eye and lost
his eye as a result. Hyold was charged with the
eye with assault in the third degree. The trial court
found him guilty, ruling that no time did either consent
to be injured by the other. But both boys were
in gauge in a very reckless form of play, and
this mutual play has led to a crime. The question
is whether the victims consent to the game is a

(01:07):
defense to the assault charge. We'll find out what the
appellate court said in a minute. The appellan was convicted
of third degree as we mentioned in juvenile court, But
what did the appell The appellate courts say the issue

(01:27):
a game is whether consent can be a defense, and
it said consent is not available as a defense when
the action involves shooting one with a BB gun. Consent
can be a defense if the conduct of a defendant
constituted foreseeable behavior in the play of a game, and
the injury was a byproduct of the game. Consent is
only a defense if the game is a lawful athletic contest,

(01:49):
competitive sport, or rather conservative activity not forbidden by law
or against public policy. So if you look a little
deeper into it, the trial court orally ruled it had
no time to either consent to be injured, and Hio
contends that the court applied the wrong legal standard. Can
a consent be a defense? Well, consent can be a

(02:10):
defense or a criminal assault charge, and State versus Simmons,
the defense was applied in a sexual assault charge. Most recently,
in State versus Shelley, the Division one held the consent
can be a defense to an assault occurring during an
athletic contest, such as a pickup game like basketball, where
Shelley punched another player, breaking his Jaw Division one reviewed
the use of consent as a defense and extended its

(02:31):
use beyond that of sexual assault, adopting the approach of
the model penal code. Under Shelley, consent can be a
defense if the conduct of defendant constituted foreseeable behavior in
the play of the game, and the injury occurred as
a byproduct of the game itself. In addition, consent is
a defense only if the game is a lawful athletic contest,
competitive sport, or other concerted activity not forbidden by law.

(02:54):
Hylod argues that Jose consented to the game. Hylod's conduct
was foreseeable behavior in the game, and the resulted from
the game itself. Further, according to Hyote, the game they
were playing is within limits of games from which society
permits consent. Hyo compares the boys shooting of BB guns
at each other to dodge ball, football, rugby, or hockey.

(03:16):
They disagreed. The game's high oed excuses for comparison, although
capable of producing injuries, have been generally accepted by society
as lawful athletic contests, competitive sports, or considered activities, and
these games carry with them generally accepted rules, at least
some of them, which are intended to prevent or minimize injury.
Such games commonly prescribe the use of protective devices. Shooting

(03:36):
BB guns at each other is not a generally accepted
game or athletic contest. The activity has no generally accepted rules,
and the activity is not characterized by the common use
of protective devices, so the court rule that there are
only specific instances where consent can be asserted by a defendant. However,
when the activity involves shooting one with a BB gun,
this is not something the society condones, and assaults in

(03:58):
general are breaches of the public polase and thus cannot
be defended against by alleging consent in this case,