§ 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.