235.24 - Disseminating indecent material to minors; limitations.

§ 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.