Defenses.

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  • (1) It is a defense under this part that:
    • (a) the actor was acting under a reasonable belief that:
      • (i) the conduct was necessary to protect any person from imminent bodily injury or death; or
      • (ii) the detention or restraint was authorized by law; or
    • (b) the alleged victim is younger than 18 years of age or is mentally incompetent, and the actor was acting under a reasonable belief that the custodian, guardian, legal guardian, custodial parent, or person acting in loco parentis to the victim would, if present, have consented to the actor's conduct.
  • (2) Subsection (1)(b) may not be used as a defense to conduct described in Section 76-5-308.5.




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