Washington Code 9.68.070 – Prosecution for violation of RCW 9.68.060 — Defense
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In any prosecution for violation of RCW 9.68.060, it shall be a defense that:
Terms Used In Washington Code 9.68.070
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
(1) If the violation pertains to a motion picture or sound recording, the minor was accompanied by a parent, parent’s spouse, or guardian; or
(2) Such minor exhibited to the defendant a draft card, driver’s license, birth certificate, or other official or an apparently official document purporting to establish such minor was over the age of eighteen years; or
(3) Such minor was accompanied by a person who represented himself or herself to be a parent, or the spouse of a parent, or a guardian of such minor, and the defendant in good faith relied upon such representation.
NOTES:
Reviser’s note: As to the constitutionality of this section, see Soundgarden v. Eikenberry, 123 Wn.2d 750, 871 P.2d 1050 (1994).
Severability—1969 ex.s. c 256: See note following RCW 9.68.050.