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This entry was published on 2014-09-22
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SECTION 263.20
Sexual performance by a child; affirmative defenses
§ 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
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

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.