Section 263.20. Sexual performance by a child; affirmative defenses  


Latest version.
  • 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.