N.Y. Penal Law § 235.23: Disseminating indecent material to minors; presumption and defenses

§ 235.23 Disseminating indecent material to minors; presumption and

defenses.

1. A person who engages in the conduct proscribed by section 235.21 is

presumed to do so with knowledge of the character and content of the

material sold or loaned, or the motion picture, show or presentation

exhibited or to be exhibited.

2. In any prosecution for disseminating indecent material to minors in

the second degree pursuant to subdivision one or two of section 235.21

of this article, it is an affirmative defense that:

(a) The defendant had reasonable cause to believe that the minor

involved was seventeen years old or more; and

(b) Such minor exhibited to the defendant a draft card, driver's

license, birth certificate or other official or apparently official

document purporting to establish that such minor was seventeen years old

or more.

3. In any prosecution for disseminating indecent material to minors in

the second degree pursuant to subdivision three of section 235.21 of

this article or disseminating indecent material to minors in the first

degree pursuant to section 235.22 of this article, it shall be a defense

that:

(a) The defendant made a reasonable effort to ascertain the true age

of the minor and was unable to do so as a result of actions taken by the

minor; or

(b) The defendant has taken, in good faith, reasonable, effective and

appropriate actions under the circumstances to restrict or prevent

access by minors to materials specified in such subdivision, which may

involve any appropriate measures to restrict minors from access to such

communications, including any method which is feasible under available

technology; or

(c) The defendant has restricted access to such materials by requiring

use of a verified credit card, debit account, adult access code or adult

personal identification number; or

(d) The defendant has in good faith established a mechanism such that

the labelling, segregation or other mechanism enables such material to

be automatically blocked or screened by software or other capabilities

reasonably available to responsible adults wishing to effect such

blocking or screening and the defendant has not otherwise solicited

minors not subject to such screening or blocking capabilities to access

that material or to circumvent any such screening or blocking.