N.Y. Penal Law § 235.24: Disseminating indecent material to minors; limitations

§ 235.24 Disseminating indecent material to minors; limitations.

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:

1. No person shall be held to have violated such provisions solely for

providing access or connection to or from a facility, system, or network

not under that person's control, including transmission, downloading,

intermediate storage, access software, or other related capabilities

that are incidental to providing such access or connection that do not

include the creation of the content of the communication.

(a) The limitations provided by this subdivision shall not be

applicable to a person who is a conspirator with an entity actively

involved in the creation or knowing distribution of communications that

violate such provisions, or who knowingly advertises the availability of

such communications.

(b) The limitations provided by this subdivision shall not be

applicable to a person who provides access or connection to a facility,

system, or network engaged in the violation of such provisions that is

owned or controlled by such person.

2. No employer shall be held liable under such provisions for the

actions of an employee or agent unless the employee's or agent's conduct

is within the scope of his employment or agency and the employer having

knowledge of such conduct, authorizes or ratifies such conduct, or

recklessly disregards such conduct.