Idaho State Statutes - Idaho Attorney Directory

DISSEMINATING MATERIAL HARMFUL TO MINORS -- DEFENSES. 1. In any
prosecution for disseminating material harmful to minors, it is an affirmative
defense that:
(a) The defendant had reasonable cause to believe that the minor involved
was eighteen (18) years old or more, or such minor exhibited to the
defendant a draft card, driver's license, birth certificate, or other
official or apparently official document purporting to establish that the
minor was eighteen (18) years of age or older.
(b) The minor involved was accompanied by his parent or legal guardian,
or by an adult and the adult represented that he was the minor's parent or
guardian or an adult and signed a written statement to that effect.
(c) The defendant was the parent or guardian of the minor involved.
(d) The defendant was a bona fide school, college, university, museum or
public library, or was acting in his capacity as an employee of such an
organization or a retail outlet affiliated with and serving the
educational purposes of such an organization.

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