There is a newer version of the South Dakota Codified Laws
2006 South Dakota Code - 22-24-31 — Defenses for disseminating materials harmful to minors.
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 capacity of an employee of such an organization or a retail
outlet affiliated with and serving the educational purposes of such
an organization.
Source: SL 1974, ch 165, § 20; SL 1993, ch 213, § 107; SL 2005, ch 120, § 307.
Source: SL 1974, ch 165, § 20; SL 1993, ch 213, § 107; SL 2005, ch 120, § 307.
Disclaimer: These codes may not be the most recent version. South Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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