2011 New Mexico Statutes
Chapter 30: Criminal Offenses
Article 37: Sexually Oriented Material Harmful to Minors, 30-37-1 through 30-37-10
Section 30-37-5: Exclusions; defenses.
30-37-5. Exclusions; defenses.
No person shall be guilty of violating the provisions of this act:
A. where such person had reasonable cause to believe that the minor involved had reached his eighteenth birthday, and such minor exhibited to such person a draft card, driver's license, birth certificate or other official or apparently official document purporting to establish that such minor had reached his eighteenth birthday; or
B. if the minor was accompanied by his parent or guardian, or the parent or guardian has in writing waived the application of this act either generally or with reference to the particular transaction; or
C. where such person had reasonable cause to believe that the person was the parent or guardian of the minor; or
D. where such person is a bona fide school, museum or public library, or is acting in his capacity as an employee of such organization, or as a retail outlet affiliated with and serving the educational purposes of such organization.
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