§ 46-5. Scienter required to prove violation or operator liability.  


Latest version.
  • Notwithstanding anything to the contrary, for the purposes of this chapter, an act by an employee shall be imputed to the adult regulated use operator for the purpose of establishing a violation of this chapter only if the operator allowed, either knowingly or through negligent failure to supervise, a violation of this chapter to occur. It shall be a defense to liability that the operator was powerless to prevent the violation.