Idaho § 18-4102 - Affirmative defense
Full text of Idaho Idaho Statutes § 18-4102 — Affirmative defense, with citation guidance and answers to common questions.
§ 18-4102. Affirmative defense
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:
(A) within the scope of employment of law enforcement and judicial activities; or
(B) within the scope of employment of bona fide school, college, university, museum or public library activities or within the scope of employment of such an organization or a retail outlet affiliated with and serving the educational purposes of such an organization; or
(C) within the scope of employment as a moving picture machine operator, assistant operator, usher, or ticket taker in a motion picture theater in connection with a motion picture film or show exhibited in such theater, if such operator or assistant operator has no financial interest in the motion picture theater wherein he is so employed other than his wages received or owed, and such person consents to give testimony regarding such employment in all judicial proceedings brought under this act, when granted immunity by the trial judge; or
(D) under like circumstances of justification where the possession, distribution or conduct possesses serious literary, artistic, political or scientific value.
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.
[I.C., sec. 18-4102, as added by 1973, ch. 305, sec. 4, p. 655; am. 1976, ch. 81, sec. 2, p. 261.]
Frequently Asked Questions About Idaho § 18-4102
What does Idaho Statutes § 18-4102 cover?
Section 18-4102 ("Affirmative defense") is part of the Idaho Statutes, the codified statutory law of Idaho. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Idaho § 18-4102?
A common citation format is "Idaho Statutes § 18-4102" (Idaho). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Idaho law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Idaho official source linked on this page or consult a licensed Idaho attorney.
How does Idaho § 18-4102 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Idaho can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Idaho.