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
article, 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.
Structure New York Laws
Title O - Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents
Article 263 - Sexual Performance by a Child
263.05 - Use of a Child in a Sexual Performance.
263.10 - Promoting an Obscene Sexual Performance by a Child.
263.11 - Possessing an Obscene Sexual Performance by a Child.
263.15 - Promoting a Sexual Performance by a Child.
263.16 - Possessing a Sexual Performance by a Child.
263.20 - Sexual Performance by a Child; Affirmative Defenses.
263.25 - Proof of Age of Child.
263.30 - Facilitating a Sexual Performance by a Child With a Controlled Substance or Alcohol.