1. a. As used in this section, “person” excludes any information-access service provider that merely provides transmission capacity without control over the content of the transmission. b. A person shall not knowingly disseminate obscene material by the use oftelephones or telephone facilitiesto a minor or a law enforcement officer or agent posing as a minor. 2. It shall be a defense in any prosecution for a violation of subsection 1 by a person accused of knowingly disseminating obscene material by the use of telephones or telephone facilitiesto a minor that the person accused has taken either of the following measures to restrict access to the obscene material: a. The person accused has done all of the following: (1) Required the person receiving the obscene material to use an authorized access or identification code, as provided by the information provider, before transmission of the obscene material begins. (2) Previously issued the code by mailing it to the applicant after taking reasonable measures to ascertain that the applicant was eighteen years of age or older. (3) Established a procedure to immediately cancel the code of any person after receiving notice, in writing or by telephone, that the code has been lost, stolen, or used by persons under the age of eighteen years or that the code isno longer desired. b. The person accused has required payment by credit card before transmission of the obscene material. 3. Any listof applicants or recipients compiled or maintained by an information-access service provider for purposes of compliance with subsection 2 isconfidentialand shall not be sold or otherwise disseminated except upon order of the court. 4. a. A violation of subsection 1 is an aggravated misdemeanor. b. A violation of subsection 1 by a person who has been previously convicted of a violation of subsection 1 is a class “D” felony.
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