§ 190.84 Defenses.
In any prosecution for identity theft or unlawful possession of
personal identification information pursuant to this article, it shall
be an affirmative defense that the person charged with the offense:
1. was under twenty-one years of age at the time of committing the
offense and the person used or possessed the personal identifying or
identification information of another solely for the purpose of
purchasing alcohol;
2. was under eighteen years of age at the time of committing the
offense and the person used or possessed the personal identifying or
identification information of another solely for the purpose of
purchasing tobacco products; or
3. used or possessed the personal identifying or identification
information of another person solely for the purpose of misrepresenting
the person’s age to gain access to a place the access to which is
restricted based on age.
