§ 912-7. Affirmative Defenses.  


Latest version.
  • It shall be an affirmative defense to any prosecution under this chapter that:

    (1)

    The defendant is the parent, guardian or spouse of the juvenile involved.

    (2)

    The juvenile involved, at the time the material was given, sold, presented, furnished, picked up, handled, opened, read or viewed by him was accompanied by his parent or guardian who, with knowledge of its character, consented to the material being given, sold, presented, furnished, picked up, handled, opened, read or viewed by the juvenile.

    (3)

    The juvenile exhibited to the defendant or his agent or employee a draft card, driver's license, birth certificate, marriage license, or other official or apparently official document purporting to show that such juvenile was 18 years of age or over or married, and the person to whom such document was exhibited did not otherwise have reasonable cause to believe that such juvenile was under the age of 18 and unmarried.

    (4)

    The material which is harmful to juveniles was given, sold, presented, furnished to the juvenile or the juvenile was permitted to pick up, handle, open, read or view the material which is harmful to juveniles for a bona fide medical, scientific, educational, governmental, judicial or other proper purpose, by a physician, psychologist, sociologist, scientist, teacher, librarian, clergyman, prosecutor, judge or other proper person.

(Ordained by Ord. No. 59-1984, eff. March 9, 1984)