235.15 - Obscenity or disseminating indecent material to minors in the second degree; defense.

§  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.