Timeline for Do these NY old dumb laws actually exist?
Current License: CC BY-SA 4.0
9 events
| when toggle format | what | by | license | comment | |
|---|---|---|---|---|---|
| Sep 12, 2022 at 13:31 | comment | added | Robert Columbia | @SimonCrase and that is a case of specific regulation vs general liability for assault. Participating in an unlicensed prize fight might be an offense, but it's not the offense of assault. | |
| Sep 12, 2022 at 9:30 | comment | added | Simon Crase | @Barmar Boxing contests for prize money are regulated in British countries: a police permit is required, police may enter premises without warrant if they suspect an illegal boxing match is being held, etc (I'm looking at some old laws here, so things might have changed). Since each boxing club was required to make sure that bouts comply with its published rules, which were subject to government approval, its not a big stretch of the imagination to suppose that the police could intervene if they considered a bout had degenerated into an assault or a brawl. | |
| Sep 11, 2022 at 18:23 | comment | added | Robert Columbia | @IllusiveBrian that's right, and that's why consent is contextual. Consent is indicated by a person's behavior. By ceasing to participate in the sport or demonstrating that they are not longer a valid target according to the rules, the person telegraphs to others that their consent is no longer valid. Consent is not a magical marker that attaches to a person when the right incantation is said, but a social reality that can be evaluated based on social skills and context. | |
| Sep 11, 2022 at 15:35 | comment | added | IllusiveBrian | I can't say this for sure but I'd assume there are also rational limits to implied consent in sports. For example, if a paintball player is hit, raises their hand to indicate they are out and starts walking off the field, it probably becomes illegal to intentionally continue shooting them. Similarly if a boxer is knocked to the ground and the referee tells their opponent to stop hitting them, it could be assault if the opponent continues hitting them. | |
| Sep 11, 2022 at 14:54 | comment | added | Robert Columbia | @Barmar there are laws against public brawling and disorderly conduct that likely apply. But you are right, consent normally vitiates assault liability, and this consent is contextual. Similarly, paintball players, by stepping onto the field in gear, consent to being shot with paintballs but not being punched or tackled. Doing a gridiron football tackle against a paintball player or shooting a gridiron football player with a paintball gun would likely constitute assault since those forms of contact were not consented to. | |
| Sep 11, 2022 at 14:51 | comment | added | Barmar | @RobertColumbia This raises a question to me: If you punch someone in a boxing match, it's not assault because of consent. But what if people mutually start a fight (e.g. they're having an argument and say "let's take this outside") -- that seems like consent, but I assume police would try to stop it and charge them with assaulting each other. | |
| Sep 11, 2022 at 14:33 | comment | added | Robert Columbia | @PMF the difference is that when you play sports, you consent to reasonable contact. So a soccer player would be deemed to assume the possibility of being struck with a soccer ball in play, but perhaps not to be subject to random and arbitrary peltings by golf balls. | |
| Sep 11, 2022 at 12:11 | comment | added | PMF | A bat isn't a ball, so that's quite a difference. And the law, if interpreted litterally, would even prohibit practicing soccer or football, where the ball is quite often hit with the head. | |
| Sep 11, 2022 at 6:11 | history | answered | nick012000 | CC BY-SA 4.0 |