By LawInspectsIn most cases, yes, it is illegal if you both agree to fight and then proceed to do so right here in the United States. Sure, Mutual Combat is a legal term and it is clearly defined, but still, you should not be doing something like that, or there will be some actual legal consequences waiting for you down the line. Let’s understand it in a much better way here.
What Is “Mutual Combat” in Legal Terms?
Suppose you and another person get into a fight. Instead of simply walking away from it, you both agree to hammer it out with fists. No ambush, no threats, just mutual agreement. That is known as mutual combat.
Still, it might appear to be a fair agreement. However, in legal terms, it is not really that black and white. It will be legal or illegal depending on the jurisdiction, how the fight came about, and its consequences. If the fight took place out in the street, that also goes beyond the purview of some agreements. If the other person was seriously injured or if the person was armed with a weapon, regardless of whether or not you agreed to the matter of the fight, you could face legal charges on that.
Is Mutual Combat Legal in the U.S.?
A systematic law covering mutual combat does not exist throughout the United States. Each state has its own set of rules: some recognize it under certain circumstances, some do not.
Therefore, just because two people consent to a fight, legally, it does not mean they stand clear of any trouble. Local laws play a big role here.
California: Legal But With Conditions
Mutual combat can be pleaded as a defensive measure, however, the circumstances that must be shown for such a defense are very specific. You cannot just go out and fight anyone recklessly, then claim “mutual combat” as a defense to avoid criminal charges.
Here’s when it might be considered a valid defense:
- There was a clear consent by both parties to fight.
- No weapons were used.
- It remained a controlled fight and did not escalate.
- The amount of force used was similar on both sides.
Otherwise, if the public fight occurs in the street or park, you can still be charged because it could disturb others or risk injuring a bystander.
Texas: Recognized Under the Law, But With Limits
No matter how surprising it sounds, well, mutual combat is allowed by the Penal Code section 22.06 within Texas law. Under the provision, if two adults knowingly and voluntarily agree to engage in a fight, then one may not be prosecuted if the other initiates the confrontation.
However, please note that your rights may NOT be protected if any of the below occur:
- Serious physical injuries were inflicted.
- There was no consent, however inconsistent or murky.
- The fight went beyond usual mutual combat, such as attacking the downed opponent.
While a brief fistfight with no serious injuries could possibly be alright, once somebody goes to the hospital or there were weapons involved, then mutual combat will probably be of little help to you.
Ohio: Mutual Combat Still Gets You Charged
In Ohio, mutual combat is considered largely irrelevant. A person may even be said to have given consent to a fight in Ohio, yet it will still be treated as disorderly conduct or assault.
It is, after all, the public acceptance of harm to the safety of public order. So, mutual agreement is not important if police witness the event or someone reports the matter can be resolved legally.
Oregon: Not Allowed at All
The Oregon law states explicitly that force cannot be used against another person solely because both parties mutually agreed to fight.
If the fighting was an even match or a so-called “fair play,” it would still not be recognized in Oregon.