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533.11 GENERAL OFFENSES CODE 92
<br />(b) The following are affumative defenses to a charge under this section, that involves
<br />material or a performance that is harmful to juveniles but not obscene:
<br />(1) The defendant is the parent, guardian or spouse of the juvenile involved.
<br />(2) The juvenile involved, at the time of the conduct in question, was
<br />accompanied by the juvenile's parent or guardian who, with knowledge of
<br />its character, consented to the material or performance being furnished or
<br />presented to the juvenile.
<br />(3) The juvenile exhibited to the defendant or the defendant's agent or
<br />employee a draft card, driver's license, birth certificate, marriage license,
<br />or other official or apparently official document purporting to show that the
<br />juvenile was eighteen years of age or over or married, and the person to
<br />whom that document was exhibited did not otherwise have reasonable cause
<br />to believe that the juvenile was under the age of eighteen and unmarried.
<br />(c) (1) It is an affirmative defense to a charge under this section, involving material
<br />or a performance that is obscene or harmful to juveniles, that the material
<br />or performance was furnished or presented for a bona fide medical,
<br />scientific, educational, governmental, judicial or other proper purpose, by
<br />a physician, psychologist, sociologist, scientist, teacher, librarian;
<br />clergyman, prosecutor, judge or other proper person.
<br />(2) Except as provided in subsection (b)(3) hereof, mistake of age is not a
<br />defense to a charge under this section.
<br />(d) (1) A person directly sells, delivers, furnishes, disseminates, provides,
<br />exhibits, rents, or presents or directly offers or agrees to sell, deliver,
<br />furnish, disseminate, provide, exhibit, rent, or present material or a
<br />performance to a juvenile, a group of juveniles, a law enforcement officer
<br />posing as a juvenile, or a group of law enforcement officers posing as
<br />juveniles in violation of this section by means of an electronic method of
<br />remotely transmitting information if the person knows or has reason to
<br />believe that the person receiving the information is a juvenile or the group
<br />of persons receiving the information are juveniles.
<br />(2) A person remotely tramsmitting information by means of a method of mass
<br />distribution does not directly sell, deliver, furnish, disseminate, provide,
<br />exhibit, rent, or present or directly offer or agree to sell, deliver, furnish,
<br />disseminate, provide, exhibit, rent, or present the material or performance
<br />in question to a juvenile, a group of juveniles, a law enforcement officer
<br />posing as a juvenile, or a group of law enforcement officers posing as
<br />juveniles in violation of this section if either of the following applies:
<br />A. The person has inadequate information to know or have reason to
<br />believe that a particular recipient of the information or offer is a
<br />juvenile.
<br />B. The method of mass distribution does not provide the person the
<br />. ability to prevent a particular recipient from receiving the
<br />information.
<br />(e) If any provision of this section, or the application of any provision of this section
<br />to any person or circumstance, is held invalid, the invalidity does not affect other provisions or
<br />applications of this section or related sections that can be given effect without the invalid provision
<br />or application. To this end, the provisions are severable.
<br />2006 Replacement
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