N.Y. Penal Law § 263.20: Sexual performance by a child; affirmative defenses

§ 263.20 Sexual performance by a child; affirmative defenses.

1. Under this article, it shall be an affirmative defense that the

defendant in good faith reasonably believed the person appearing in the

performance was, for purposes of section 263.11 or 263.16 of this

article, sixteen years of age or over or, for purposes of section

263.05, 263.10 or 263.15 of this article, seventeen years of age or

over.

2. In any prosecution for any offense pursuant to this article, it is

an affirmative defense that the person so charged was a librarian

engaged in the normal course of his employment, 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 a sexual performance for sale, rental or exhibition

or in the promotion, presentation or direction of any sexual

performance, or is in any way responsible for acquiring such material

for sale, rental or exhibition.