South Dakota Statutes
§ 22-24-31 — Defenses for disseminating materials harmful to minors.
In any prosecution for disseminating material harmful to minors, it is an affirmative defense that:
(1)The defendant had reasonable cause to believe that the minor involved was eighteen years old or more. A draft card, driver's license, birth certificate, or other official or apparently official document is evidence establishing that the minor was eighteen years of age or older;
(2)The minor involved was accompanied by a parent or guardian, or by an adult and the adult represented that he or she was the minor's parent or guardian or an adult and the adult signed a written statement to that effect;
(3)The defendant was the parent or guardian of the minor involved; or (4) The defendant was a bona fide school, college, university, museum, or public library, or was acting in the
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South Dakota § 22-24-31 (Defenses for disseminating materials harmful to minors.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Legislative History
SL 1974, ch 165, § 20; SL 1993, ch 213, § 107; SL 2005, ch 120, § 307.
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