§ 235.15 Obscenity or disseminating indecent material to minors in
the second degree; defense.
1. In any prosecution for obscenity, or disseminating indecent
material to minors in the second degree in violation of subdivision
three of section 235.21 of this article, it is an affirmative defense
that the persons to whom allegedly obscene or indecent material was
disseminated, or the audience to an allegedly obscene performance,
consisted of persons or institutions having scientific, educational,
governmental or other similar justification for possessing,
disseminating or viewing the same.
2. In any prosecution for obscenity, it is an affirmative defense
that the person so charged was 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 obscene material for sale, rental or
exhibition or in the promotion, presentation or direction of any
obscene performance, or is in any way responsible for acquiring
obscene material for sale, rental or exhibition.
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