§ 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 such communications.
(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.
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