Section 147-A:16-b Special Rules Relative to Knowing Endangerment.
I. In determining whether a natural person knew that his or her conduct placed another in imminent danger of death or serious bodily injury, knowledge possessed by another may not be attributed to that person. Circumstantial evidence may be used to prove possession of actual knowledge.
II. In addition to other available affirmative defenses, it is an affirmative defense that the conduct charged was consented to by the person endangered and that the danger and conduct charged were reasonably foreseeable hazards of:
(a) an occupation, a business or a profession; or
(b) medical treatment or medical or scientific experimentation conducted by professionally approved methods and such other person has been made aware of the risks involved prior to giving consent.
Source. 1993, 159:3, eff. May 24, 1993.