South Dakota statute
SDCL § 22-24-31 — Defenses for disseminating materials harmful to minors
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 24: Obscenity And Public Indecency, South Dakota Codified Laws.
Full text of SDCL § 22-24-31
Statutory text current through the text effective June 30, 2026 (through the 2025 Regular Session). This publication reproduces the official statutory text; it is not the official statutes of the State of South Dakota.
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.
Official sources
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This reference is informational and is not legal advice.