§ 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
(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.