{"data":{"id":"us-dc/d.c.-code-22-3104","jurisdiction":"us-dc","citation":"D.C. Code § 22-3104","heading":"Affirmative defenses.","body":"(a)\nUnder this chapter it shall be an affirmative defense that the defendant in good faith reasonably believed the person appearing in the performance was 18 years of age or over.\n\n(b)\n(1)\nExcept as provided in paragraph (2) of this subsection, in any prosecution for an offense pursuant to § 22-3102(2) it shall be an affirmative defense that the person so charged was:\n(A)\nA librarian engaged in the normal course of his or her employment; or\n(B)\nA motion picture projectionist, stage employee or spotlight operator, cashier, doorman, usher, candy stand attendant, porter, or in any other nonmanagerial or nonsupervisory capacity in a motion picture theater.\n(2)\nThe affirmative defense provided by paragraph (1) of this subsection shall not apply if the person described therein has a financial interest (other than his or her employment, which employment does not encompass compensation based upon any proportion of the gross receipts) in:\n(A)\nThe promotion of a sexual performance for sale, rental, or exhibition;\n(B)\nThe direction of any sexual performance; or\n(C)\nThe acquisition of the performance for sale, retail, or exhibition.\n\n(c)\nIt shall be an affirmative defense to a charge under § 22-3102 that the defendant:\n(1)\nPossessed or accessed less than 6 still photographs or one motion picture, however produced or reproduced, of a sexual performance by a minor; and\n(2)\nPromptly and in good faith, and without retaining, copying, or allowing any person, other than a law enforcement agency, to access any photograph or motion picture:\n(A)\nTook reasonable steps to destroy each such photograph or motion picture; or\n(B)\nReported the matter to a law enforcement agency and afforded that agency access to each such photograph or motion picture.","path":["Title 22. Criminal Offenses and Penalties.","Chapter 31. Sexual Performance Using Minors."],"source_url":"https://code.dccouncil.gov/us/dc/council/code/sections/22-3104","current_through":"2026-08-20 (D.C. Law 26-175)","vintage":"","retrieved_at":"2026-08-29T05:44:07Z","sha256":"6d6b5a2d91829e8c6bbebc5e87ccc881f12a3a9483d0dc7d9eacd42e2c7f2b31","source_id":"us-dc","stale":false,"prev":"us-dc/d.c.-code-22-3103","next":"us-dc/d.c.-code-22-3131"},"notice":"GroundRules: Original legal text. Not legal advice."}