- Under this chapter it shall be an affirmative defense that the defendant in good faith reasonably believed the person appearing in the performance was 18 years of age or over.
- (1) Except as provided in paragraph (2) of this subsection, in any prosecution for an offense pursuant to § 22-3102(2) it shall be an affirmative defense that the person so charged was:
- A librarian engaged in the normal course of his or her employment; or
- A motion picture projectionist, stage employee or spotlight operator, cashier, doorman, usher, candy stand attendant, porter, or in any other nonmanagerial or nonsupervisory capacity in a motion picture theater.
- The affirmative defense provided by paragraph (1) of this subsection shall not apply if the person described therein has a financial interest (other than his or her 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;
- The direction of any sexual performance; or
- The acquisition of the performance for sale, retail, or exhibition.
- It shall be an affirmative defense to a charge under § 22-3102 that the defendant:
- Possessed or accessed less than 6 still photographs or one motion picture, however produced or reproduced, of a sexual performance by a minor; and
- Promptly and in good faith, and without retaining, copying, or allowing any person, other than a law enforcement agency, to access any photograph or motion picture:
- Took reasonable steps to destroy each such photograph or motion picture; or
- Reported the matter to a law enforcement agency and afforded that agency access to each such photograph or motion picture.
Historical and Statutory
1981 Ed., § 22-2014.
Effect of Amendments
D.C. Law 18-239, in subsec. (a), substituted "18" for "16"; and added subsec. (c).
Legislative History of Laws
For legislative history of D.C. Law 4-173, see Historical and Statutory Notes following § 22-3101.
For history of Law 18-239, see notes under § 22-3009.03.
DC CODE § 22-3104
Current through December 11, 2012
(Mar. 9, 1983, D.C. Law 4-173, § 5, 29 DCR 5749; Oct. 23, 2010, D.C. Law 18-239, § 205(c), 57 DCR 5405.)