Current through the 2023 Legislative Sessions
Section 12.1-27.2-05 - Sexual performance by a minor - Affirmative defensesIt is an affirmative defense to a prosecution under this chapter that:
1. The defendant in good faith reasonably believed the person appearing in the performance was eighteen years of age or older, if the minor was in fact fifteen years of age or older; or2. The material or performance involved was disseminated or presented for a bona fide medical, scientific, educational, religious, governmental, judicial, or other appropriate purpose by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, member of the clergy, prosecutor, judge, or other person having a similar interest in the material or performance.Amended by S.L. 2015, ch. 108 (SB 2266),§ 5, eff. 8/1/2015.Amended by S.L. 2013, ch. 109 (SB 2265),§ 1, eff. 8/1/2013.