§ 235.24 Disseminating indecent material to minors; limitations.\n In any prosecution for disseminating indecent material to minors in\nthe second degree pursuant to subdivision three of section 235.21 of\nthis article or disseminating indecent material to minors in the first\ndegree pursuant to section 235.22 of this article:\n 1. No person shall be held to have violated such provisions solely for\nproviding access or connection to or from a facility, system, or network\nnot under that person's control, including transmission, downloading,\nintermediate storage, access software, or other related capabilities\nthat are incidental to providing such access or connection that do not\ninclude the creation of the content of the communication.\n (a) The limitations provided by this subdivision shall not be\napplicable to a person who is a conspirator with an entity actively\ninvolved in the creation or knowing distribution of communications that\nviolate such provisions, or who knowingly advertises the availability of\nsuch communications.\n (b) The limitations provided by this subdivision shall not be\napplicable to a person who provides access or connection to a facility,\nsystem, or network engaged in the violation of such provisions that is\nowned or controlled by such person.\n 2. No employer shall be held liable under such provisions for the\nactions of an employee or agent unless the employee's or agent's conduct\nis within the scope of his employment or agency and the employer having\nknowledge of such conduct, authorizes or ratifies such conduct, or\nrecklessly disregards such conduct.\n
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