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Idaho Code § 18-4102

Affirmative defense

Applied in 2 court decisions — leading case Acevedo v. State (1982)

Most recently applied in Acevedo v. State (March 1982)

I.C., § 18-4102, as added by 1973, ch. 305, § 4, p. 655; am. 1976, ch. 81, § 2, p. 258.

It is not innocent but calculated purveyance which is prohibited. This act shall not apply to any persons who may possess or distribute obscene matter or participate in conduct otherwise proscribed by this act when such possession, distribution, or conduct occurs:

If this issue is not presented by the prosecution’s evidence, the defendant may raise the same as an affirmative defense by presenting some evidence thereon. Where raised, the prosecution must sustain the burden of proving the defendant guilty beyond a reasonable doubt as to that issue.

Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.