§ 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.
