(1) 
The complainant’s or victim’s consent to the performance of the conduct constituting an offense or to the result is an affirmative defense which must be proved by the defendant by a preponderance of the evidence.
(2) 
Consent is ineffective if:
(a) 
It is given by a person who is not legally authorized to approve of the conduct constituting an offense;
(b) 
It is given by a person who by reason of youth, mental impairment, or mental incapacitation is unable to make a reasonable judgment as to the nature or harmfulness of the conduct charged;
(c) 
It is induced by force, duress, or deception; or
(d) 
It is against public policy to permit the conduct or the resulting harm, even though consent was given.
(Ord. 49 § 6.3.1, 1-8-2010 (Res. 2010-10))
A person is not guilty of an offense by reason of conduct which he or she performs under the compulsion of threat or menace of the imminent infliction of death or serious bodily harm if he or she reasonably believes that death or serious bodily harm will be inflicted upon him or her if he or she does not perform such conduct. Compulsion is an affirmative defense which must be proved by the defendant by a preponderance of the evidence.
(Ord. 49 § 6.3.2, 1-8-2010 (Res. 2010-10))
A person is not guilty of an offense if his or her conduct is incited or induced by a public servant or his or her agent for the purpose of obtaining evidence for the prosecution of such person.
However, this section is inapplicable if a public servant or his or her agent merely affords to such person the opportunity or facility for committing an offense in furtherance of criminal purpose which such person has originated. Entrapment is an affirmative defense which must be proved by the defendant by a preponderance of the evidence.
(Ord. 49 § 6.3.3, 1-8-2010 (Res. 2010-10))
(1) 
A person is justified in the use of force or threat to use force against another when and to the extent the person reasonably believes that such conduct is necessary to:
(a) 
Defend herself or himself or another against such other’s imminent use of unlawful force;
(b) 
Prevent or terminate such other’s unlawful entry into or attack upon an occupied structure; or
(c) 
Prevent or terminate the offender’s trespass on, or other tortious or criminal interference with, either real or personal property lawfully in the person’s possession, or which the person has a legal duty to protect, or in the possession of another who is a family or household member.
(2) 
A person is justified in the use of force likely to cause death or serious bodily harm only if the person reasonably believes such force is necessary to prevent imminent death or serious bodily harm to herself or himself or another person.
(3) 
The defendant has the burden of producing sufficient evidence to raise a reasonable doubt of his or her culpability when the defendant raises self-defense as an affirmative defense.
(Ord. 49 § 6.3.4, 1-8-2010 (Res. 2010-10))
Self-defense is not available to a person who:
(1) 
Is attempting to commit, committing, or escaping after the commission of an offense; or
(2) 
Knowingly or purposely provokes the use of force against herself or himself, unless:
(a) 
Such force is so great that the person reasonably believes there is imminent danger of death or serious bodily harm and the person has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or serious bodily harm to the assailant; or
(b) 
In good faith, the person withdraws from physical contact with the assailant and clearly indicates to the assailant the desire to withdraw and terminate the use of force but the assailant continues or resumes the use of force.
(Ord. 49 § 6.3.5, 1-8-2010 (Res. 2010-10))
A person is not authorized to use force to resist arrest which the person knows is being made by a law enforcement officer or by a private person summoned and directed by a law enforcement officer to make the arrest, even if the person believes the arrest is unlawful and the arrest is in fact unlawful.
(Ord. 49 § 6.3.7, 1-8-2010 (Res. 2010-10))
(1) 
Any person or group of people acting in good faith who seeks medical assistance, or assists another in seeking medical assistance, for any person, including himself or herself, experiencing a drug-related overdose or other life-threating medical emergency, and reports all relevant information available to such person as to the cause and circumstances of the drug-related overdose or life-threatening medical emergency, shall not be arrested or convicted for the following:
(a) 
Contributing to the delinquency of an underage person pursuant to TTC § 3.25.050;
(b) 
Possession of a controlled substance pursuant to TTC § 3.55.070;
(c) 
Possession of drug paraphernalia pursuant to TTC § 3.55.080;
(d) 
Possession of an alcoholic beverage by a person under 21 pursuant to TTC § 3.55.100;
(e) 
Misdemeanor warrants for nonviolent crimes.
(2) 
The protections in subsection (1) of this section may be raised as an affirmative defense, or as grounds to suppress evidence obtained as a result of a report of a drug-related overdose or life-threatening medical emergency.
(3) 
Evidence obtained as a result of a report of a drug-related overdose or life-threatening medical emergency under the circumstances stated in subsection (1) of this section shall not serve as the sole basis for revoking or modifying a person’s supervision status, or as the basis for any probable cause finding to search the premises where such overdose or medical emergency occurs or to arrest any person who reports such overdose or medical emergency under the circumstances stated in subsection (1) of this section.
(4) 
For the purposes of this section, “drug-related” means an acute medical condition that is the result of the ingestion or use by an individual of one of more controlled substances or one or more controlled substances in combination with alcohol, in quantities that are excessive for that individual that may result in death, disability, or serious injury.
(5) 
The protections in this section shall not be grounds for suppression of evidence in other criminal charges arising from circumstances related to a drug-related overdose or other life-threatening medical emergency.
(6) 
Nothing in this section shall prohibit arrest, prosecution, or conviction for any crime not listed herein, or seizure of any drugs or paraphernalia found at the scene of a drug-related overdose or other life-threatening emergency.
(Res. 2014-298)
[1]
Per Resolution No. 2014-298, this section shall be known as the Lois Luella Jones Law, in somber recognition of the tragedy endured by her family, and in the hope that other families may be spared from such tragedies.
It is an affirmative defense to nonviolent Class A, B, or C offenses, which must be proved by the defendant by a preponderance of the evidence, that the offense was committed by a person while subjected to involuntary servitude in violation of TTC § 3.80.030 or while being trafficked in violation of TTC § 3.80.040, if committing the offense was a direct result of being a victim.
(Res. 2018-444)