NYSentencing

§ 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.