§ 14-190.15. Disseminating harmful material to minors; exhibiting harmful performances to minors. - North Carolina Statutes

§14‑190.15.  Disseminating harmful material to minors; exhibiting harmfulperformances to minors.

(a)        DisseminatingHarmful Material. – A person commits the offense of disseminating harmfulmaterial to minors if, with or without consideration and knowing the characteror content of the material, he:

(1)        Sells, furnishes,presents, or distributes to a minor material that is harmful to minors; or

(2)        Allows a minor toreview or peruse material that is harmful to minors.

(b)        Exhibiting HarmfulPerformance. – A person commits the offense of exhibiting a harmful performanceto a minor if, with or without consideration and knowing the character orcontent of the performance, he allows a minor to view a live performance thatis harmful to minors.

(c)        Defenses. – Exceptas provided in subdivision (3), a mistake of age is not a defense to aprosecution under this section.  It is an affirmative defense to a prosecutionunder this section that:

(1)        The defendant was aparent or legal guardian of the minor.

(2)        The defendant was aschool, church, museum, public library, governmental agency, medical clinic, orhospital carrying out its legitimate function; or an employee or agent of suchan organization acting in that capacity and carrying out a legitimate duty ofhis employment.

(3)        Before disseminatingor exhibiting the harmful material or performance, the defendant requested andreceived a driver's license, student identification card, or other officialgovernmental or educational identification card or paper indicating that theminor to whom the material or performance was disseminated or exhibited was atleast 18 years old, and the defendant reasonably believed the minor was atleast 18 years old.

(4)        The disseminationwas made with the prior consent of a parent or guardian of the recipient.

(d)        Punishment. –Violation of this section is a Class 1 misdemeanor. (1985, c. 703, s. 9; 1993, c.539, s. 126; 1994, Ex. Sess., c. 24, s. 14(c).)