South Dakota Codified Laws 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;
Terms Used In South Dakota Codified Laws 22-24-31
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2
(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.