North Dakota Code 12.1-27.2-05 – Sexual performance by a minor – Affirmative defenses
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It is an affirmative defense to a prosecution under this chapter that:
Terms Used In North Dakota Code 12.1-27.2-05
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- person: includes , where relevant, a corporation, limited liability company, partnership, unincorporated association, or other legal entity. See North Dakota Code 12.1-01-04
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; or
2. 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.