§ 9.32.040. Same—Affirmative defenses.

A.

Nothing in this section shall prohibit any public library or any library operated by an accredited institution of higher education from circulating harmful material to any person under eighteen (18) years of age, provided such circulation is in aid of a legitimate scientific or educational purpose, and it shall be an affirmative defense in any prosecution for a violation of this section that the act charged was committed in aid of a legitimate scientific or educational purpose.

B.

Nothing in this section shall prohibit any parent from distributing to his child any harmful material.

C.

Proof that the defendant demanded, was shown and acted in reliance upon any of the following documents as proof of the age of a child, shall be a defense to any criminal prosecution under this section: a document issued by the federal government or any state, county or municipal government or subdivision or agency thereof, including but not limited to, a motor vehicle operator's license, a registration certificate issued to a member of the Armed Forces.

(Prior Code, § 10:90-4; Code 1996, § 9.32.040)

State law reference

Similar provisions, 430 ILCS 5/11-21.