N.Y. Penal Law § 235.15: Obscenity or disseminating indecent material to minors in the second degree; defense

§ 235.15 Obscenity or disseminating indecent material to minors in the

second degree; defense.

1. In any prosecution for obscenity, or disseminating indecent

material to minors in the second degree in violation of subdivision

three of section 235.21 of this article, it is an affirmative defense

that the persons to whom allegedly obscene or indecent material was

disseminated, or the audience to an allegedly obscene performance,

consisted of persons or institutions having scientific, educational,

governmental or other similar justification for possessing,

disseminating or viewing the same.

2. In any prosecution for obscenity, it is an affirmative defense

that the person so charged was a motion picture projectionist, stage

employee or spotlight operator, cashier, doorman, usher, candy stand

attendant, porter or in any other non-managerial or non-supervisory

capacity in a motion picture theatre; provided he has no financial

interest, other than his employment, which employment does not encompass

compensation based upon any proportion of the gross receipts, in the

promotion of obscene material for sale, rental or exhibition or in the

promotion, presentation or direction of any obscene performance, or is

in any way responsible for acquiring obscene material for sale, rental

or exhibition.