The Vermont Statutes Online
The Vermont Statutes Online have been updated to include the actions of the 2023 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Title 13 : Crimes and Criminal Procedure
Chapter 063 : Obscenity
(Cite as: 13 V.S.A. § 2805)-
§ 2805. Presumption and defense
(a) A person who engages in conduct prohibited by section 2802, 2802a, 2803, 2804, 2804a, or 2804b of this title is presumed to do so with knowledge of the character and content of the material, or the motion picture, show, or presentation exhibited or to be exhibited.
(b) In any prosecution arising under section 2802, 2802a, 2803, or 2804 of this title, it is an affirmative defense:
(1) that the minor as to whom the offense is alleged to have been committed exhibited to the accused a draft card, driver’s license, birth certificate, or other official or apparently official document purporting to establish that the minor was 18 years of age or older; or
(2) that the defendant was in a parental or guardianship relationship with the minor; or that the minor was accompanied by a parent or legal guardian; or
(3) that the defendant was a bona fide school, museum, or public library, or was a person acting in the course of employment as an employee or official of such organization or of a retail outlet affiliated with and serving the educational purpose of such organization.
(c) In any prosecution arising out of sections 2804a and 2804b of this title, it shall be an affirmative defense for the defendant to prove:
(1) that the public display, even though in connection with a commercial venture, was primarily for literary, political, scientific, or artistic purposes; or
(2) that the public display was exhibited by a bona fide art, antique, or similar gallery or exhibition, and visible in a normal display setting; or
(3) that the defendant was a bona fide school, museum, or public library, or was a person acting in the course of employment as an employee or official of such organization or of a retail outlet affiliated with and serving the educational purpose of such organization. (Amended 1967, No. 340 (Adj. Sess.), § 4, eff. March 23, 1968; 1973, No. 204 (Adj. Sess.), § 5; 2001, No. 41, § 9.)
