§ 263.20 Sexual performance by a child; affirmative defenses.
1. Under this article, it shall be an affirmative defense that the
defendant in good faith reasonably believed the person appearing in the
performance was, for purposes of section 263.11 or 263.16 of this arti-
cle, sixteen years of age or over or, for purposes of section 263.05,
263.10 or 263.15 of this article, seventeen years of age or over.
2. In any prosecution for any offense pursuant to this article, it is an
affirmative defense that the person so charged was a librarian engaged in
the normal course of his employment, 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 a sexual performance for sale, rental or exhibition or in the
promotion, presentation or direction of any sexual performance, or is in
any way responsible for acquiring such material for sale, rental or
exhibition.
NYSentencing