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.
History: 1953 Comp., § 40-50-5, enacted by Laws 1973, ch. 257, § 5.
Compiler's notes. — The term "this act" means Laws 1973, Chapter 257, which appears as 30-37-1, 30-37-2, 30-37-3, 30-37-4 to 30-37-8 NMSA 1978.
Structure 2021 New Mexico Statutes
Chapter 30 - Criminal Offenses
Article 37 - Sexually Oriented Material Harmful to Minors
Section 30-37-1 - Definitions.
Section 30-37-2 - Offenses; books; pictures.
Section 30-37-2.1 - Offenses; retail display.
Section 30-37-3 - Offenses; motion pictures; plays.
Section 30-37-3.1 - Outdoor theaters; offenses.
Section 30-37-3.2 - Child solicitation by electronic communication device.
Section 30-37-3.3 - Criminal sexual communication with a child; penalty.
Section 30-37-4 - Notice; prosecution.
Section 30-37-5 - Exclusions; defenses.
Section 30-37-6 - Offenses by minor.
Section 30-37-8 - Uniform application.
Section 30-37-9 - Legislative findings and purpose.
Section 30-37-10 - Offenses; certain tie-in arrangements unlawful.