§ 22-24-31 — Defenses for disseminating materials harmful to minors.

South Dakota § 22-24-31

• Jurisdiction: South Dakota
• Title 22: CRIMES
• Ch. 22-22A: OBSCENITY AND PUBLIC INDECENCY

Text

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 capacity of an employee of such an organization or a retail outlet affiliated with and serving the educational purposes of such an organization.

Legislative History

SL 1974, ch 165, § 20; SL 1993, ch 213, § 107; SL 2005, ch 120, § 307.