South Dakota Codified Laws
Chapter 24 - Obscenity And Public Indecency
Section 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.

Structure South Dakota Codified Laws