TITLE 18

CRIMES AND PUNISHMENTS

CHAPTER 15

CHILDREN AND VULNERABLE ADULTS

18-1517.  Disseminating material harmful to minors — Defenses. 1. In any prosecution for disseminating material harmful to minors, it is an affirmative defense that:

(a)  The defendant had reasonable cause to believe that the minor involved was eighteen (18) years old or more, or such minor exhibited to the defendant a draft card, driver’s license, birth certificate, or other official or apparently official document purporting to establish that the minor was eighteen (18) years of age or older.

(b)  The minor involved was accompanied by his parent or legal guardian, or by an adult and the adult represented that he was the minor’s parent or guardian or an adult and signed a written statement to that effect.

(c)  The defendant was the parent or guardian of the minor involved.

(d)  The defendant was a bona fide school, college, university, museum or public library, or was acting in his capacity as an employee of such an organization or a retail outlet affiliated with and serving the educational purposes of such an organization.

History:

[I.C., sec. 18-1517, as added by 1972, ch. 336, sec. 1, p. 876.]